Neutral Citation No. - 2025:AHC:59633 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4059 of 2025 Applicant :- Rishipal Opposite Party :- State of U.P. Counsel for Applicant :- Ajai Kumar,Krishna Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Ajai Kumar Garg, learned counsel for the applicant and Sri Pradeep Kumar, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 139 of 2024, under Sections 302, 201 IPC, Police Station- Salempur District- Bulandshahr, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that however, applicant is named in the FIR but it reflects, his name was disclosed in the FIR on the information given by one Ravindra Singh S/o Syoraj Singh. 4. He further submitted that admittedly, it is a case of circumstantial evidence and there is no eye-witness account and however, witness Ravindra Singh in his statement stated that he witnessed the applicant along with the deceased on 04.06.2024 in the afternoon but his statement does not appear to be convincing. He further submitted that as informant and others including witness Ravindra was having suspicion that applicant was having illicit relationship with the deceased, therefore, it appears, witness Ravindra disclosed that he witnessed the applicant with the deceased on 04.06.2024. He further submitted that except evidence of last seen, there is no other evidence on record. 5. He further submitted that however, apart from the present case, applicant is having criminal history of one another case but his criminal history has been explained in the supplementary affidavit filed in support of the instant bail application and that case relates to minor offence and in the present matter, he is in jail since 15.06.2024 i.e. for last more than nine months. 6. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 7. I have heard learned counsel for the parties and perused the record of the case. 8. However, it reflects, applicant is named in the FIR but admittedly, there is no eye-witness account and FIR of the present case was lodged on the basis of information furnished by one Ravindra and however, when the statement of Ravindra was recorded during investigation then he stated that he witnessed the applicant along with deceased on 04.06.2024 in the afternoon but his statement, which has been annexed at page no. 37 of the paper book, does not appear to be convincing. 9. Further, except evidence of last seen, there is no other evidence against the applicant on record. 10. Further, however, apart from the present case, applicant is having criminal history of one another case but his criminal history has been explained in the supplementary affidavit filed in support of the instant bail application and that case relates to minor offence and in the present matter, he is in jail since 15.06.2024 i.e. for last more than nine months. 11. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicant- Rishipal 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. 14. 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. 15. 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 :- 21.4.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad