Neutral Citation No. - 2025:AHC:146054 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29078 of 2025 Applicant :- Rahul Yadav Alias Sughar Singh Opposite Party :- State of U.P. Counsel for Applicant :- Dinesh Kumar Gupta Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Dinesh Kumar Gupta, learned counsel for the applicant and Sri V.K.S. Parmar, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 490 of 2024, under Sections 103(1), 238, 315 of BNS, Police Station - Maudaha, District - Hamirpur, during the pendency of trial. 4. As per prosecution story, the named accused persons, Deshraj, a brahmin boy (name not known), Vinod and Vodhan Yadav are stated to have taken away the informant's husband on 23.11.2024 at about 06:00 PM. Subsequent to it, the dead body of her husband was recovered from the bushes near the agricultural field of one Shivkaran S/o Jwala on 24.11.2024. 5. Learned counsel for the applicant has argued that the FIR is delayed by about 18 hours and there is no explanation of the said delay caused. The applicant is not named in the FIR. His name has come up later on in his own confession and a false recovery of motorcycle, danda and the mobile of the deceased have been foisted on him. The said recovery has been shown from a public place, as such, the said recovery is sham. 6. Learned counsel has also argued that the deceased was found drunk in the postmortem report itself, as such, it is a blind murder case and the applicant has been false falsely implicated in the case. Learned counsel has also placed much reliance on the statement of the informant recorded in court whereby he has stated on being cross-examined by the Trial Judge concerned that the applicant has not committed the said offence. 7. Learned counsel has next contended that the applicant is languishing in jail since 27.11.2024, 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 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 fact that the applicant is not named in the FIR coupled by the statement of the informant recorded during his cross-examination whereby he has stated that the applicant has not committed the said offence, I find it a fit case to release the applicant on bail. The bail application is allowed. 10. Let the applicant- Rahul Yadav Alias Sughar 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:- 23.8.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad