Neutral Citation No. - 2025:AHC:144000 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27852 of 2025 Applicant :- Gaurav Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Bhuvnesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Bhuvnesh Kumar Singh, learned counsel for the applicant, Sri Arun Kumar Mishra, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.99 of 2025, under Sections 103(1) B.N.S., Police Station Noorpur, District Bijnor, during the pendency of trial. 4. As per prosecution story, the applicant and co-accused person Amit, who are the inmates in Drug De-Addiction Centre, are stated to have committed the murder of the son of the informant in the night of 18/19.03.2025 between 2:30-3:00 a.m. by gagging his mouth and strangulating her. 5. The informant and other villagers alongwith Manager of Drug De-Addiction Centre perused the CCTV camera and found the applicant and co-accused person committing the said offence. 6. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The FIR is delayed by more than nine hours and there is no explanation of the said delay caused. The said CCTV footage was seen by the informant and other persons, but the same was not sent to any forensic laboratory. It is true that the said CCTV footage was taken into possession by the Investigating Officer, but the said CCTV footage cannot be taken into consideration without any forensic evidence. 7. Learned counsel for the applicant has further argued that in the statement of the informant it has come up that he had called the informant in the night at 3:00 a.m. itself to inform him about the incident, but despite the said information the FIR has been instituted at 12:53 p.m. The said inordinate delay of more than nine hours speaks volume of false implication. 8. Learned counsel for the applicant has also argued that the applicant was discharged from the said Drug De-Addiction Centre on 18.03.2025. There is no CCTV footage to corroborate the allegation that the applicant and the co-accused person had run away from the said Drug De-Addiction Centre. There is no criminal history of the applicant. The applicant is languishing in jail since 19.03.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 9. Learned A.G.A. has vehemently opposed the bail application. 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the delay in institution of FIR and the fact that there is no CCTV footage to corroborate the fact that the applicant was seen running away from the said Drug De- Addiction Centre and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 11. Let the applicant- Gaurav Kumar, 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 shall not tamper with evidence during trial. (ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. (iii) The applicant shall 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 :- 21.8.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad