Neutral Citation No. - 2025:AHC:88863 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16039 of 2025 Applicant :- Shaan Ali Opposite Party :- State of U.P. and Another Counsel for Applicant :- Hariom Kamal Singh,Varad Nath Counsel for Opposite Party :- Anil Kumar Mishra,G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Varad Nath, learned counsel for the applicant, Sri Anil Kumar Mishra, learned counsel for the informant and Dr. S. B. Maurya, learned AGA-I for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 16 of 2025, under Sections 103(1), 309(4), 3(5), 317(2) B.N.S., Police Station Kotwali Mandi, District Saharanpur during pendency of the trial. 3. FIR of the present case was lodged on 06.01.2025 against unknown persons and according to the FIR on 06.01.2025 at about 5.30 PM when informant came to know that mobile phone of his Tau is switched off then he arrived at his house and found that his Tau was lying dead in tied position without any clothes. 4. Learned counsel for the applicant submits, however, FIR of the present case was lodged under Section 103(1) B.N.S. against unknown persons but during investigation when it was found that actually it is a case of loot with murder then offences under Sections 309(4), 3(5), 317(2) B.N.S have been added. 5. He further submits, as per prosecution, when applicant and other accused persons were arrested then from their possession the alleged looted articles were recovered but entire recovery is false and planted one. 6. He further submits, even from the recovery memo, it reflects, no public witness was taken, therefore, no reliance can be placed on such recovery. He further submits, except the recovery there is no cogent and admissible evidence against the applicant on record. 7. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 11.01.2025. 8. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that allegations leveled against the applicant are quite serious and as per allegation he along with other accused firstly committed the murder of the deceased and thereafter committed the loot from his house and looted articles were also recovered from the possession of the applicant and others and at this stage the alleged recovery cannot be doubted, therefore, considering the facts and circumstances of the case, applicant should not be released on bail. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, initially FIR of the present case was lodged only under Section 103(1) B.N.S. against unknown persons but subsequently it was found that actually after committing murder of the deceased, the valuable articles from his house were looted and after the alleged incident it reflects, the alleged looted articles were also recovered from the possession of applicant and other persons. 11. Further, however, learned counsel for the applicant made several submissions to show that the alleged recovery is false and baseless but at this stage in view of this Court it cannot be said that the alleged recovery of looted articles made from the possession applicant and other accused persons were false and planted one. 12. Therefore, considering the nature of allegation leveled against the applicant and evidence collected against him during investigation and severity of punishment provided for the alleged offences, I am not inclined to release the applicant on bail at this stage. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is rejected at this stage. 14. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 26.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad