Neutral Citation No. - 2025:AHC:126745 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17910 of 2025 Applicant :- Rohtash Opposite Party :- State of U.P. Counsel for Applicant :- Akhilesh Tripathi,R. B. Singh Parmar Counsel for Opposite Party :- G.A.,Raj Kumar Kesari Hon'ble Ashutosh Srivastava,J. Heard Shri Akhilesh Tripathi, learned counsel for the applicant, Shri Vijendra Kumar, learned A.G.A. and Shri Raj Kumar Kesari, learned counsel for the first informant and perused the record of the case. The present bail application under Section 439 Cr.P.C. has been filed on behalf of applicant, Rohtash with a prayer to release him on bail in Case Crime No. 13 of 2025, under Sections 140 (1), 103, 238, 3(5) BNS, Police Station-Kapoorpur, District Hapur. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case and is languishing in jail since 24.01.2025. He further submits that a missing report was lodged by the first informant with the allegation that his father left home for Gulawathi on his motor cycle and thereafter he has not returned back and when the applicant and other members tried to contact him, his phone was switched off. The applicant and other family members tried to search out the deceased but no information was received by them. The motorcycle of the deceased was found in unclaimed condition in Dhaulana area. Learned counsel for the applicant submits that the First Information report was lodged against unknown person. Learned counsel for the applicant submits that name of the applicant surfaced on record in the statement of the first informant in which he has stated that the father of the applicant was engaged in the work of supply of fuel to the brick kilns. He further submits that there was good relation between deceased and applicant and the applicant had taken Rs. 2500,000/- from the deceased and due to intention to grab the said money the applicant, Sonu, Satish, Jaiveer Singh and Sajid have abducted and murdered the deceased and thereafter hide the dead body in the forest of Kandaula near Coca cola Factory. Learned counsel for the applicant submits that the applicant was not named in the first information Report. Learned counsel for the applicant submits that the co-accused namely Sazid and Satish, have been granted bail by coordinate Bench of this Court in Criminal Misc. Bail Application No. 10891 of 2025 and 12713 of 2025, vide orders dated 01.05.2025 and 02.05.2025. In the present case charge sheet has been filed on 10.03.2025 against the applicant and four other accused persons. Learned counsel for the applicant further submits that the applicant has no criminal antecedents and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Per contra learned A.G.A. as well as learned counsel for the informant vehemently opposed the prayer for bail by contending that the applicant has motive of offence as he has taken money from the deceased and with an intention to grab the said money he has committed the present offence in collusion with other co- accused. They further submit that the eye witness/last seen witness Harveer in his statement has stated that he has seen the deceased with Rohtash, his brother Sonu and two other persons in a White Wagon R Car. Other eye witness Ravi Kumar has also repeated the same version as of Harveer. He further submits that in the Case diary the proof regarding financial transaction between the applicant and deceased is very well established. They further submits that on the pointing out of the applicant the mobile of the deceased was recovered and looking to the heinousness of offence, the bail application of the applicant is liable to be rejected. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Rohtash, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 30.7.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad