Neutral Citation No. - 2025:AHC:83531 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16815 of 2025 Applicant :- Ram Yash Pandey Opposite Party :- State of U.P. Counsel for Applicant :- Atul Kumar Srivastava,Kalp Dev Mishra,Punit Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed by applicant is taken on record. 2. Heard Sri Kalp Dev Mishra, learned counsel for the applicant and Sri Pradeep Kumar, learned AGA for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 04 of 2025, under Sections 103(1), 351(2), 3(5), 61(2) BNS, Police Station- Rampur Manjha, District- Ghazipur, during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that initially FIR of the present case was lodged against unknown person but surprisingly when the statement of the informant was recorded then he disclosed the name of the applicant. 5. He further submitted that however, from the statement of the informant recorded during investigation, it reflects, he was the eye- witness but in spite of that he did not disclose the name of the applicant in the FIR and this fact clearly suggests that during investigation, due to enmity, which has been admitted by informant, applicant has been made accused in the present matter. 6. He further submitted that however, apart form the present case, applicant was having criminal history of one another case but in that case, he has already been acquitted. 7. He further submitted that applicant is in jail in the present matter since 31.01.2025. 8. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, as per statement of the informant recorded during investigation, applicant involved in commission of murder of the deceased and from his statement, it reflects, he was the eye- witness and he knew the applicant very well but in spite of that he did not disclose the name of any accused in the FIR and FIR was lodged against unknown person and this fact prima facie casts doubt on the statement of the informant recorded during instigation and it appears, his statement is based on suspicion with regard to applicant. 11. Further, except the statement of the informant, there is no other evidence against the applicant on record. 12. Further, however, apart form the present case, applicant was having criminal history of one another case but in that case, he has already been acquitted and he is in jail in the present matter since 31.01.2025. 13. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 15. Let the applicant- Ram Yash Pandey 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 his 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. 16. 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. 17. 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 :- 17.5.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad