Neutral Citation No. - 2025:AHC:19860 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1395 of 2025 Applicant :- Lakhan Gupta Alias Laakhan Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Kumar Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Manoj Kumar, learned counsel for the applicant and Dr. S.B. Maurya, learned AGA-I for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 564 of 2024, under Sections 103(1) B.N.S., Police Station Bhojipura, District Bareilly during pendency of the trial. 3. FIR of the present case was lodged on 21.08.2024 against applicant and co-accused Ram Sewak Gupta i.e. father of the applicant and according to the FIR on 15.07.2024 applicant along with his father committed the murder of the husband of the informant by strangulation. 4. Learned counsel for the applicant submits, applicant is the son of brother-in-law (Nandoi) of the informant and on the basis of false allegation, he has been made accused in the present matter after more than a month. 5. He further submits, deceased died on 15.07.2024 and FIR of the present case was lodged on 21.08.2024 i.e. after more than a month and this fact suggests that FIR is based on false and frivolous facts. 6. He further submits, applicant is son of brother-in-law (Nandoi) of the informant, therefore, there was no occasion for him to commit the murder of the husband of the informant along with his father. 7. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 14.09.2024. 8. Per contra, learned AGA opposed the prayer for bail and submitted that from the post mortem report, it reflects that deceased died due to strangulation, therefore, it is a case of homicidal death but could not dispute the fact that applicant is the son of brother-in-law (Nandoi) of the informant and FIR of the present case was lodged after more than a month. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, as per allegation applicant along with his father committed the murder of the husband of the informant but applicant is the son of the brother-in-law (Nandoi) of the informant and it appears, except the bald and verbal allegation made in the FIR there is no cogent evidence against him on record. 11. Further, FIR of the present case was lodged after more than a month and no plausible explanation has been given by the informant in this regard. 12. Further, applicant is not having any criminal history and in the present matter he is in jail since 14.09.2024. 13. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 15. Let the applicant - Lakhan Gupta @ Laakhan 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. 16. 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. 17. 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 :- 11.2.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad