Neutral Citation No. - 2025:AHC:82994 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16768 of 2025 Applicant :- Ganesh Tiwari Opposite Party :- State of U.P. Counsel for Applicant :- Rashmi Srivastava Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Ms. Rashmi Srivastava, learned counsel for the applicant and Shri Ashutosh Singh, learned A.G.A. for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Session Trial No.30 of 2022 arising out of Case Crime No.243 of 2021, under Section 302 I.P.C., Police Station Sarai Mamrej, District Prayagraj, during pendency of the trial in the court below. 3. Learned counsel for applicant submits that nobody was named in the FIR but during investigation, applicant has been made accused in the present matter. 4. She further submits that however, there are two witnesses Ratnesh and Antima but from the statement of Ratnesh, it reflects, he was not the eye-witness. She further submits,. however, from the statement of Antima, it reflects, she claimed herself to be an eye-witness and stated that applicant caused injury to the deceased through iron rod but statements of both the witnesses are not reliable. 5. She further submits that even from the post-mortem report of the deceased, it reflects, he sustained two ante-mortem injuries. One injury was punctured wound bone deep, on left side temporal area and other was contused swelling on left forehead above left eyebrow and therefore, it reflects, he died due to injury no.1 i.e. punctured wound but none of the witness stated that applicant was either having any sharp edged weapon or he used any sharp edged weapon. 6. She further submits that infact no one could see the real incident. 7. She further submits that however, apart from the present case, applicant is having criminal history of two other cases including a case under Section 302 I.P.C. but in both the cases, he has been falsely made accused and in both the cases he is on bail. 8. He further submits that applicant is in jail in the present matter since 01.10.2021 i.e. for last more than three and half years. 9. Per contra, learned AGA however, 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 both the parties and perused the record of the case. 11. However, as per allegation, applicant committed the murder of the deceased by causing injury to him but from perusal of the post- mortem report, it reflects, deceased also sustained one puncture wound on his head, which was bone deep and there is no evidence that applicant used sharp edged weapon and it appears, prosecution completely failed to explain this injury. 12. Further, however during investigation, statements of two witnesses Ratnesh and Antima were recorded who claimed that they saw the applicant on the date of incident near the place of incident and stated that he was the person, who committed the murder of the deceased but prima-facie, statements of these witnesses do not appear to be convincing. 13. Further, however, apart from the present case, applicant is having criminal history of two other cases including a case under Section 302 I.P.C. but in both the cases, he is on bail. 14. Further, law is settled, if otherwise case of bail is made out then ordinarily merely on the basis of criminal antecedents, bail application of an accused should not be withheld. 15. Further, applicant is in jail in the present matter since 01.10.2021 i.e. for last more than three and half years. 16. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be enlarged on bail. 17. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 18. Let the applicant- Ganesh Tiwari, 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. 19. 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. 20. 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 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad