Neutral Citation No. - 2025:AHC:93359 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18306 of 2025 Applicant :- Akash Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Vijay Tripathi Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed on behalf of the applicant is taken on record. 2. Heard Sri Vijay Tripathi, learned counsel for the applicant and Sri Shatrughan Yadav, learned A.G.A. for the State- respondent. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.331 of 2024, under Sections 103(1), 352, 3(5) B.N.S., Police Station Sirsaganj, District Firozabad, during pendency of the trial. 4. Learned counsel for the applicant submits that however, as per allegation on 17.07.2024 applicant alongwith others committed the murder of the son of the informant by crushing him through tractor but entire allegation levelled against the applicant is totally false. 5. He further submits that even from the FIR, it reflects, informant of the case was not the eye-witness. 6. He further submits that however, during investigation I.O. procured four eye-witnesses namely Ramveer Singh, Sarvesh Katheriya, Dinesh Katheriya and Ram Kisan Katheriya but their statements were recorded on 17.08.2024 i.e. after more than a month and therefore, it reflects, they were also not the eye- witness. 7. He further submits that there is no cogent and admissible evidence, which can suggest that applicant by crushing the deceased through tractor committed his murder. 8. He further submits that even post-mortem does not corroborate the prosecution case. 9. He further submits that applicant is having no criminal history and he is in jail in the present matter since 29.07.2024 i.e. for last almost ten months. 10. Per contra, learned AGA opposed the prayer for bail and submits that apart from the present case, applicant is having criminal history of one another case but he fairly conceded, that case relates to minor offences. He however could not dispute the other arguments on facts advanced by learned counsel for the applicant. 11. I have heard both the parties and perused the record of the case. 12. However, as per allegation made in the FIR applicant by crushing the deceased through tractor committed his murder alongwith others but admittedly informant of the case was not the eye-witness. 13. Further, however, during investigation witnesses Ramveer Singh, Sarvesh Katheriya, Dinesh Katheriya and Ram Kisan Katheriya claimed themselves to be eye-witnesses and stated that applicant was the principal accused, who crush the deceased from his tractor but it reflects, their statements were recorded after more than a month. 14. Further, except the above witnesses, there is no other eye- witness account. 15. Further, after considering the post-mortem, report of the deceased, the argument advanced by learned counsel for the applicant that post-mortem report also does not corroborate the prosecution case, cannot be ruled out at this stage. 16. Further, however, apart from the present case, applicant is having criminal history of one another case and his criminal history has not been explained in the instant bail application but it reflects, that case relates to minor offences. 17. Further, applicant is in jail in the present matter since 29.07.2024 i.e. for last almost ten months. 18. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 19. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 20. Let the applicant- Akash Kumar be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless their personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti- social activity. 21. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 22. 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 :- 28.5.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad