Neutral Citation No. - 2025:AHC:146210 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27293 of 2025 Applicant :- Shivam Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Akash Ojha Counsel for Opposite Party :- G.A.,Navin Singh Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Raghuveer Singh, Advocate holding brief of Sri Akash Ojha, learned counsel for the applicant and Sri Navin Singh, learned counsel for the informant as well as Sri Arun Kumar Mishra, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 76 of 2025, under Sections 191(2), 103(1), 238, 61(2) of BNS, Police Station - Sarpatha, District - Jaunpur, during the pendency of trial. 4. As per prosecution story, the named accused persons are stated to have taken the deceased person along with them and after committing his murder, dropped his dead body about 100 metres away from the house in the night of 08.04.2025. 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 two days and there is no explanation of the said delay caused. The applicant is not named in the FIR and his name has come up later on in the confessional statement of co- accused person which has no evidentiary value in the eyes of law. 6. Learned counsel has placed much reliance on the application moved by the very same informant stating that the dead body of his brother was found near Lala Ka Bagh and his brother left his house on his own on 08.04.2025. The said application has been instituted in G.D. No. 24 dated 09.04.2025 at 11:37 AM at the same police station, as such, the story as stated in the FIR stands falsified from the said G.D. entry. 7. Learned counsel has next contended that the applicant is languishing in jail since 13.04.2025, 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. 8. Per contra, learned AGA and learned counsel for the informant have 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. 9. 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 application of the informant mentioned in G.D. No. 24 dated 9.4.2025 coupled by the fact that applicant is not named in the FIR, I find it a fit case to release the applicant on bail. The bail application is allowed. 10. Let the applicant- Shivam Yadav, 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. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. 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