Neutral Citation No. - 2025:AHC:89635 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17055 of 2025 Applicant :- Roop Chandra Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Pati Tiwari Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed today on behalf of the applicant is taken on record. 2. Heard Sri Rakesh Pati Tiwari, learned counsel for the applicant and Sri Manav Chaurasia, learned AGA for the State. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 168 of 2018, under Sections 302, 201, 376 IPC, Police Station Meerganj, District Bareilly during pendency of the trial. 4. Learned counsel for the applicant submits, however, present matter is of the year 2018 and in the present matter applicant is in jail since 05.01.2024 but he is not an absconder. 5. He further submits, actually after the incident when FIR of the present case was lodged then applicant could not become aware about this fact and in the year 2018 he had to go to Punjab for his livelihood and thereafter due to Covid-19 pandemic he could not return and when he came back to his native place in the year 2023 then he was arrested in the month of January, 2024. 6. He further submits, after his arrest applicant could become aware that he was wanted in the present matter therefore applicant is not an absconder. 7. He further submits, as far as merit of the present case is concerned, however as per allegation, applicant and other accused after committing rape upon the wife of informant committed her murder and concealed her dead body in a box but admittedly except the evidence of last seen there is no other evidence against the applicant on record and dead body of the deceased was recovered from a box from the house of co-accused Deena Nath and he is detained in jail since the year 2018 and case of applicant is distinguishable from him. 8. 8. He next submits, bail application of co-accused Kharag Sen has been allowed by the co-ordinate Bench of this Court vide order dated 20.07.2018 and his bail order has been annexed at page-56 of the paper-book and on facts, case of applicant is at par with him as against co-accused Kharag Sen also only evidence was the evidence of last seen. 9. He further submits, however, apart from the present case applicant is also having criminal history of three other cases but his criminal history has been explained in the supplementary affidavit filed in support of instant bail application. 10. He further submits, in the present matter applicant is in jail since 05.01.2024 i.e. for almost one and half years. 11. Per contra, learned AGA opposed the prayer for bail and submitted present matter is of the year 2018 and applicant could only be arrested on 05.01.2024, therefore, prima facie he appears to be an absconder but could not dispute the fact that in the present matter applicant is in jail for last almost one and half years. 12. Learned AGA further could not dispute the fact that co-accused Deena Nath was the principal accused and he is still in jail and co- accused Kharag Sen has been released on bail by the co-ordinate Bench of this Court and case of applicant is at par with him. 13. I have heard learned counsel for the parties and perused the record of the case. 14. However, allegations against the applicant and other accused are quite serious and as per allegation after committing rape upon the wife of the informant they committed her murder and thereafter concealed her dead body in a box but it reflects, co- accused Deena Nath was the principal accused and dead body of the deceased was recovered from a box from his house and he is still in jail. As far as case of the applicant is concerned, it reflects, except the evidence of last seen there is no other evidence against the applicant on record. 15. Further, co-accused Kharag Sen has been released on bail by the co-ordinate Bench of this Court and it reflects, only evidence against him was also the evidence of last seen, therefore, case of applicant is at par with him. 16. Further, however, apart from the present case applicant is having criminal history of three other cases but his entire criminal history has been explained in the instant bail applicant and out of three cases one case relates to offence under Section 174 IPC which relates to present matter and remaining two cases belong to minor offences. 17. Further, however, from the record, it reflects, instant matter is of the year 2018 and in the present matter applicant is in jail since January, 2024 but the argument advanced by learned counsel for the applicant with regard to abscondence of the applicant cannot be completely ruled out. Further, even in the present matter applicant is in jail for last almost one and half years. 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 - Roop Chandra 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. 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 :- 26.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad