Neutral Citation No. - 2025:AHC:30917 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22651 of 2024 Applicant :- Raghvendra Opposite Party :- State of U.P. Counsel for Applicant :- Kamal Yash Sahwal,Raj Kumar Singh,Sunil Kumar Singh,Virendra Kumar Gupta Counsel for Opposite Party :- Anish Kumar Sinha,G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Sunil Kumar Singh, learned counsel for the applicant and Sri Ashutosh Singh, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 187 of 2023, under Sections 364, 302 and 201 IPC, Police Station- Surajpur, District- Gautam Budh Nagar, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that this is the second bail application filed on behalf of the applicant and his first bail application was dismissed on merit by this Court on 05.10.2024 after considering the fact that from the room of the applicant dead body of the deceased was recovered but he is pressing the instant second bail application on the ground that when statement of mother of the deceased was recorded by the trial court then in her cross examination she stated that when her daughter i.e. deceased was not found then applicant also along with them was searching her daughter and from her statement, it also reflects that all the time door of the room of the applicant remained open and considering this fact merely on the ground that dead body of the deceased was found in the room of the applicant, it cannot be said that applicant committed her murder. It is further submitted, admittedly nobody could witness the real incident of murder. 4. He further submitted that it is a case of circumstantial evidence and in the present matter, applicant is in jail since 11.04.2023 i.e. for last almost two years and till date, trial of the case could not be concluded. 5. Per contra, learned AGA opposed the prayer for bail and submitted that this is the second bail application filed on behalf of the applicant but could not dispute other argument on facts advanced by learned counsel for the applicant. 6. I have heard learned counsel for the parties and perused the record of the case. 7. However, this is the second bail application filed on behalf of the applicant and his first bail application was dismissed on merit by this Court after considering the fact that applicant resided in a lodge and from his room dead body of the deceased was recovered but it reflects from the statement of the mother of the deceased recorded before the trial court that applicant did not use to lock his room and his room remained open all the time. Further, from her statement it also reflects that applicant was also searching her daughter i.e. deceased along with her and other family members and considering all these facts, the argument advanced by learned counsel for the applicant that merely because the dead body of the deceased was found in the room of the applicant, it cannot be said that he committed her murder, cannot be completely ruled out. 8. Further, it is a case of circumstantial evidence and in the present matter, applicant is in jail for last almost two years and considering the long incarceration of the applicant, a report was called from the court concerned and from its perusal, it reflects till date ten prosecution witnesses could be examined and two more prosecution witnesses are still to be examined. From the report of the court concerned, it could not be reflected that due to conduct of the applicant, trial of the case is being lingered on. 9. Further, applicant is not having any criminal history. 10. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 11. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 12. Let the applicant- Raghvendra 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. 13. 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. 14. 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 :- 4.3.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad