Neutral Citation No. - 2025:AHC:87834 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16837 of 2025 Applicant :- Gyanendra Singh Opposite Party :- State of U.P. Counsel for Applicant :- Karunesh Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Karunesh Pratap Singh, learned counsel for the applicant and Dr. S. B. Maurya, learned AGA-I for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 52 of 2025, under Sections 103(1), 3(5) BNS, Police Station Belghat, District Gorakhpur, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that however, applicant is named in the FIR alongwith two others but from the FIR, it reflects that it is based on vague facts and no reliance can be placed on such version. 4. He further submitted that even from the FIR, it could not be reflected that applicant was the person who committed the murder of the deceased. 5. He further submitted that even from the perusal of the FIR and statements of the witnesses it reflects that informant and other witnesses were chance witnesses. 6. He further submitted that there is no eye witness account which can suggest that applicant committed the murder of the deceased. 7. He further submitted that it appears only when in the night dead body of the deceased was recovered then thereafter in the next morning informant cooked-up a false story and lodged FIR of the present case. 8. He further submitted that applicant is having no criminal history and he is in jail in the present matter since 19.2.2025. 9. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 10. I have heard learned counsel for the parties and perused the record of the case. 11. However, applicant is named in the FIR alongwith two others but even from the FIR it could not be reflected that informant and others witnesses witnessed the incident of murder. 12. Further after perusing contents of the FIR and statements of witnesses, arguments advanced by learned counsel for the applicant that prima facie, FIR and statements of the witnesses appears to be unconvincing and no reliance can be placed on such version, cannot be ruled out. Further, even these witnesses including informant appear to be chance witnesses. Considering the over all facts and circumstances of the case, argument advanced by learned counsel for the applicant that it appears, after recovery of the dead body in the night subsequently on the next day in the morning, FIR of the present case was lodged on the basis of false allegations, cannot be ruled out. 13. Further, admittedly there is no eye witness account which can suggest that applicant is the person who committed the murder of the deceased. 14. Further, applicant is having no criminal history and he is in jail in the present matter since 19.2.2025. 15. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 16. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 17. Let the applicant-Gyanendra Singh, 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. 18. 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. 19. 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 :- 23.5.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad