HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31148 of 2025 Court No. - 65 HON'BLE SANJAY KUMAR SINGH, J. Heard learned counsel for the applicant and learned Additional Government Advocate representing the State. The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 106 of 2025, under Sections 103(1), 3(5) B.N.S., 2023, Police Station Ganganagar, District Meerut, during the pendency of trial. As per the prosecution case, in brief, complainant who is son of the deceased-Moolchand Tyagi got a first information report on 04.06.2025 against Azad stating inter alia that on 03.06.2025 at about 6:30 P.M. his father Moolchand Tyagi had gone with Azad who committed murder of his father. Main substratum of argument of learned counsel for the applicant is that the applicant is not named in the F.I.R. and he has been falsely implicated in this case on the ground that on 05.06.2025, he was apprehended along with Azad and Shiva who were riding the same motorcycle. Except the confessional statement of the applicant, there is no credible evidence against him to connect him with the said crime. Much emphasis has been given by contending that no incriminating material has been recovered from the possession of the applicant, hence the applicant who is languishing in jail since. 05.06.2025 having no criminal antecedent may be enlarged on bail. Lastly, it is submitted that there is no chance of the applicant of Versus Counsel for Applicant(s) : Alka Srivastava Counsel for Opposite Party(s) : G.A. Uday .....Applicant(s) State of U.P. .....Opposite Party(s) fleeing away from the judicial process or tampering with the prosecution evidence. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case. Per contra, learned Additional Government Advocate for the State opposed the prayer for bail of the applicant by contending that the applicant was apprehended along with the main accused Azad and co-accused Shiva and they, in their confessional statement, have admitted their guilt stating inter alia that the deceased was strangled to death by them. Having heard learned counsel for the parties and examined the matter in its entirety, I find that it is not in dispute that the applicant is not named in the F.I.R. No motive has been assigned to the applicant. There is no recovery of any incriminating material from the possession of the applicant. Recovery of PAN Card of the deceased was made from the possession of co-accused Shiva. Motive has been attributed to co-accused Azad, hence the case of the present applicant is distinguishable from that of co-accused Azad and Shiva. Considering the overall facts and circumstances of the case as well as keeping in view the nature of the offence, evidence, complicity of the accused and submissions of the learned counsel for the parties, this Court is of the view that the applicant has made out a case for bail. Hence, the bail application is hereby allowed. Let the applicant-Uday, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions: (i) That the applicant shall cooperate with the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to BAIL No. 31148 of 2025 2 the court or to any police officer or tamper with the evidence. (iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned before the release of the applicant on bail. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant. It is made clear that the observations contained in the instant order are confined to the issue of bail only and shall not affect the merit of the trial. September 18, 2025 Kashifa BAIL No. 31148 of 2025 3 (Sanjay Kumar Singh,J.) Digitally signed by :- KASHIFA High Court of Judicature at Allahabad