Neutral Citation No. - 2025:AHC:88220 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17631 of 2025 Applicant :- Jitendra Dubey Alias Jaggu Opposite Party :- State of U.P. Counsel for Applicant :- Atharva Dixit,Mayank Chandra,Pranav Tiwary,Sr. Advocate Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Manish Tiwari, learned Senior Counsel assisted by Sri Atharva Dixit, learned counsel for the applicant and Sri Santosh Nigam, learned A.G.A. for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.69 of 2025, under Sections 105, 315 BNS, 2023, Police Station- Friends Colony, District- Etawah, during pendency of the trial in the court below. 3. Learned Senior Counsel appearing on behalf of the applicant submits that FIR of the present case was lodged against unknown person but during investigation, complicity of the applicant was revealed through the information furnished by police informer. 4. He further submits that it is a case of circumstantial evidence and except confessional statement of the applicant before the police and evidence of last seen, there is no other evidence against the applicant on record. He further submits, even evidence of last seen does not appear to be convincing. 5. He further submits that post-mortem report suggests that deceased sustained one lacerated wound on his head and therefore, prima-facie from the record, it could not be reflected that applicant, who allegedly caused the death of the deceased, was having any intention to cause his death. 6. He further submits that however, apart form the present case, applicant is having criminal history of three other cases but his criminal history has been explained in the instant bail application and in two cases, after investigation final report has been submitted and remaining one case relates to the provisions of Electricity Act. 7. He further submits that applicant is in jail in the present matter since 02.04.2025. 8. 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. 9. I have heard both the parties and perused the record of the case. 10. It is a case of circumstantial evidence and it reflects, during investigation through the information furnished by police informer, name of the applicant was surfaced in the present matter and it reflects, except confessional statement of the applicant before the police and evidence of last seen, there is no other evidence against the applicant on record. 11. Further, however, from the post-mortem report , it reflects, deceased died due to head injury but from the post-mortem report, it also reflects, deceased sustained only single injury. Considering this fact, the argument advanced by learned Senior Counsel appearing on behalf of the applicant that even at this stage, it cannot be said that applicant was having any intention to cause the death of the deceased, cannot be ruled out. 12. Further, however, apart form the present case, applicant is having criminal history of three other cases but it reflects, out of three cases, in two cases, after investigation final report has been submitted and remaining one case relates to the provisions of Electricity Act. 13. Further, applicant is in jail in the present matter since 02.04.2025. 14. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 15. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 16. Let the applicant- Jitendra Dubey Alias Jaggu 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. 17. 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. 18. 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 :- 22.5.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad