Neutral Citation No. - 2025:AHC:107505 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50448 of 2023 Applicant :- Sanju Jaiswar Opposite Party :- State of U.P. Counsel for Applicant :- R.B. Singh Counsel for Opposite Party :- G.A.,Parvez Alam Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Loknath Shukla, Advocate holding brief of Sri R.B. Singh, learned counsel for the applicant, Sri Parvez Alam, learned counsel for the informant as well as Sri Pranshu Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 31 of 2023, under Sections 363, 364A, 302, 201 I.P.C., Police Station-Ghoorpur, District-Prayagraj, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence. The applicant is not named in the FIR and his name has surfaced for the first time when the arrest of the co-accused person, namely, Vikas Singh was made. The dead body is stated to have been recovered on the joint pointing out of the applicant and the co- accused person, Vikas Singh on 27.01.2023. There is no other evidence against the applicant whatsoever. Applicant does not carry any motive to commit the murder. Applicant has no criminal history and is languishing in jail since 27.01.2023, as such, fundamental right of the applicant as enshrined under Article 21 of the Constitution of India stands violated, therefore, the applicant is entitled for bail. 5. Per contra, learned counsel for the informant as well as learned A.G.A. has vehemently opposed the bail application on the ground that it is an open and shut case as the dead body of the deceased has been recovered on the pointing out of the applicant and co- accused person Vikas Singh, as such, the applicant is not entitled for bail. 6. After hearing learned counsel for the parties and taking into consideration the fact that the recovery of the dead body was made on the pointing out of the applicant and co-accused person Vikas Singh, I do not find it a fit case for grant of bail to the applicant. 7. The bail application is found devoid of merits and is, accordingly, rejected. Order Date :- 8.7.2025 Karan (Justice Krishan Pahal) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad