Neutral Citation No. - 2025:AHC:145992 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29109 of 2025 Applicant :- Sandeep Opposite Party :- State of U.P. Counsel for Applicant :- Lal Vijai Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Lal Vijai Singh, learned counsel for the applicant and Sri R.P. Patel, learned State Law Officer and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 95 of 2025, under Sections 103(1) & 61(2) of BNS, Police Station - Anoop Shahar, District - Bulandshahr, during the pendency of trial. 4. As per prosecution story, the applicant and co-accused person Sudhir @ Kaluwa are stated to be visiting the house of the informant's brother in his absence which was objected to by him. Peeved by the said objection, on 01.03.2025, they are stated to have taken his brother along with them and after getting him drunk, committed his murder. His dead body was recovered in the morning of 02.03.2025. 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 was instituted in the night of 02.03.2025 after much delay . 6. Learned counsel has also stated that the only evidence that has come up against the applicant is that one Gulveer Singh had seen the applicant and co-accused person with the deceased person. It is argued that the said statement is false as it has been garnered by the prosecution just to add colour to the story. There is an application given by the said witness Gulveer Singh at the police station on 02.03.2025 itself prior to the institution of the FIR whereby he has stated that the dead body of his nephew was found from the agricultural field but he has not whispered a single word against the applicant of having seen him going towards the place of occurrence, as such, it is a clear cut case of false implication. 7. Learned counsel has further stated that there is no other evidence against the applicant. The motive may be carried against the co-accused person as against whom, an FIR was instituted u/s 376 IPC by the deceased person. The applicant is languishing in jail since 03.03.2025, 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 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, delay in lodging the FIR and also considering the application given by Gulveer Singh to the police station but did not mention the complicity of the applicant, I find it a fit case to release the applicant on bail. The bail application is allowed. 10. Let the applicant- Sandeep, 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