Neutral Citation No. - 2025:AHC:138851 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27959 of 2025 Applicant :- Kishanpal Singh Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Sunil Kumar, learned counsel for the applicant and Sri Rajendra Prasad Singh, learned State Law Officer and perused the record. 3. Applicant seeks bail in Case Crime No. 276 of 2024, under Sections 103(1) of BNS and Section 5/27 of Arms Act, Police Station Lodha, District Aligarh, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have committed the murder of the grand father of the informant on 19.10.2024 at about 3:50 p.m. 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 seven hours and there is no explanation of the said delay caused. 6. Learned counsel has further stated that there are four eye witnesses mentioned in the FIR including the informant and all of them have been examined as PW-1, PW-2, PW-3 and PW-4 in the court during trial and they have completely resiled from their earlier statements and have been cross-examined by the public prosecutor after declaring them hostile. Even the court had taken endeavour to cross-examine the witness but nothing material could be extracted from it. It is a clear cut case of false implication. There is no likelihood of conviction of the applicant in the present case. 7. The applicant has no criminal history. The applicant is languishing in jail since 20.01.2025. 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 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. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, and taking into consideration the fact that PW-1, PW-2, PW-3 and PW-4 have not supported the prosecution story, I find it a fit case to release the applicant on bail. The bail application is allowed. 10. Let the applicant- Kishanpal 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. 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 :- 14.8.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad