Neutral Citation No. - 2025:AHC:146037 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29108 of 2025 Applicant :- Mahendra Kumar Singh Opposite Party :- State of U.P. Counsel for Applicant :- Om Prakash,Pankaj Sharma Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Pankaj Sharma, learned counsel for the applicant and Ms. Ifrah Islam, learned State Law Officer and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 167 of 2025, under Sections 103(1) & 3(5) of BNS, Police Station - Chunar, District - Mirzapur, during the pendency of trial. 4. As per prosecution story, the applicant along with co-accused person, Ashish Kumar Singh, had gone with the informant' son to attend a fair on 07.04.2025 at about 11:00 PM. Subsequently, on 08.04.2025 at 04:30 AM, the dead body of informant's son was recovered near the railway track. 5. Learned counsel for the applicant has argued that the applicant is innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. The FIR is delayed by about five hours and there is no explanation of the said delay caused. 6. Learned counsel has also stated that the applicant has no motive to commit the said offence. The motive, if any, has been assigned to the co-accused person Ashish Kumar Singh, who is stated to be having an affair with the cousin (sister) of the deceased person. 7. Learned counsel has further stated that the only evidence that has come up against the applicant is the cctv footage whereby the applicant along with co-accused and the deceased person was seen going behind the temple and the applicant is stated to have come back but the deceased and the co-accused Ashish Kumar Singh did not return. It is argued that the applicant was seen returning from the temple while the co-accused Ashish Kumar Singh has not been seen returning from the temple, as such, the case of the applicant is at a different footing to the case of the co-accused, who holds motive also. 8. Learned counsel has next contended that the applicant is languishing in jail since 09.04.2025, having no criminal history to his credit. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial. 9. Per contra, learned State Law Officer has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history. 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, delay in lodging the FIR and also considering the fact that the applicant was seen in the cctv footage fetched from the temple and also there being no motive assigned to the applicant, I find it a fit case to release the applicant on bail. The bail application is allowed. 11. Let the applicant- Mahendra Kumar Singh, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. i) The applicant will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will appear before the trial court on the date fixed. 12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 13. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date:- 23.8.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad