Neutral Citation No. - 2025:AHC:145853 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29077 of 2025 Applicant :- Wowvi @ Boby Opposite Party :- State of U.P. Counsel for Applicant :- Apul Misra,Devvrat Misra Counsel for Opposite Party :- G.A.,Sunil Kumar Singh Hon'ble Krishan Pahal,J. 1. None is present on behalf of the informant even in the revised call. 2. Heard Sri Apul Misra, 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. 114 of 2025, under Sections 103(1), 238, 61(2) of BNS, Police Station - Tundla, District - Firozabad, during the pendency of trial. 4. The FIR was instituted by the informant stating that his elder brother, Neeraj Yadav, had left his house by his car Tata Nexon UP83 BN 2749 on 25.03.2025 but he could not be traced out for two days. On 27.03.2025, his car was found near a bridge on highway and his dead body was found lying near the drain. 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 two days and there is no explanation of the said delay caused. It has been instituted after the retrieval of the dead body. 6. Learned counsel has also stated that there is no evidence against the applicant except his confession before police. The said confession has no evidentiary value in the eyes of law. Subsequently, some conversation details between the applicant and one Pankaj are stated to have been taken into possession by the I.O. but the alleged conversation does not establish the complicity of the applicant in commission of the said crime. There is no evidence of having seen the applicant near the place of occurrence. 7. Learned counsel has next contended that the applicant is languishing in jail since 03.05.2025, 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 fact that there is no evidence to connect the applicant in the commission of alleged crime except his confession before police which has no evidentiary value in the eyes of law, I find it a fit case to release the applicant on bail. The bail application is allowed. 10. Let the applicant- Wowvi @ Boby, 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