HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29179 of 2025 Court No. - 65 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Ms. Sunita Chauhan, Advocate holding brief of Sri Pratik J. Nagar, learned counsel for the applicant, Sri Shyam Dhar Maurya, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.0162 of 2025, under Sections 103(1), 61(2), 238 B.N.S., Police Station Rajabpur, District Amroha, during the pendency of trial. 4. As per prosecution story, the FIR was instituted by the informant stating that his son was missing since the morning of 23.06.2025. Subsequently, a dead body was found which was identified by the informant in the mortuary. 5. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. The FIR is delayed as it was instituted in the night of 23.06.2025. Subsequently the statement of Gram Pradhan was recorded who had stated that he had seen the deceased person leaving the village on a motorcycle in the evening of 22.06.2025 which was corroborated from the CCTV footage, as such, informant himself was made accused in the instant case. The reason assigned for implication of the applicant was that the deceased person was having an illicit relationship with wife of one Pramod Singh and the deceased was adamant on keeping her as wife in his house and the deceased person is stated to have brought her home once before. Subsequently, it has come up that deceased was seen near the house of the applicant going towards the house of one Rekha, but nobody Versus Counsel for Applicant(s) : Mohd. Zaid, Pratik J. Nagar Counsel for Opposite Party(s) : G.A. Mohammad Umar .....Applicant(s) State of U.P. .....Opposite Party(s) has seen the applicant going towards the place of where the dead body was recovered although it is stated to be found across the canal in the same village. The only allegation against the applicant is his extra judicial confession before the Kurman Ali which does not fall within the provision of Section 22 of the Bhartiya Shakshya Adhiniyam, as such, applicant has simply been made accused on the basis of suspicion only. 6. Learned counsel for the applicant has further stated that there is no criminal history of the applicant. The applicant is languishing in jail since 28.06.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Per contra, learned A.G.A. has vehemently opposed the bail application on the ground that CDR indicates that father of the deceased person was in regular touch with the applicant and the said conversation, as such, applicant is not entitled for bail. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the fact that there is no evidence of any person having seen the deceased person and the applicant near the place of recovery of the dead body and the FIR being delayed, 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. 9. Let the applicant- Mohammad Umar, 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. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. 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 BAIL No. 29179 of 2025 2 opinion based on the testimony of the witnesses. September 9, 2025 Karan BAIL No. 29179 of 2025 3 (Krishan Pahal,J.) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad