HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29158 of 2025 Court No. - 65 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Santosh Kumar Singh, Advocate holding brief of Sri B.N. Singh, learned counsel for the applicant, Sri Nagendra Bahadur Singh, learned counsel for the informant as well as Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.14 of 2025, under Sections 103(1) B.N.S., Police Station Sikandara, District Kanpur Dehat, during the pendency of trial. 4. As per prosecution story, applicant along with co-accused person-Neeraj who was having illicit relationship with the deceased person is stated to have called him on 23.01.2025 at about 06:00 PM, whereby the applicant and co- accused persons are stated to have committed the murder by assaulting him with sharp edged weapons several times. 5. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. The FIR is delayed by about four hours and there is no explanation to the said delay caused. There is no evidence of the incident. The FIR has been instituted on the basis of suspicion only. After a delay of more than 40 days, the supplementary statement of the informant was recorded on 06.03.2025 by the Investigating Officer which mentioned that he was told by two persons namely Awadhesh Kumar and Gulab Singh that they had seen the deceased person near the place of occurrence on the bank of a canal (Rajwaha) and on the same day Versus Counsel for Applicant(s) : B.N.Singh, Manish Kumar Singh Counsel for Opposite Party(s) : Abhishek Kumar Saroj, G.A., Nagendra Bahadur Singh, Rohit Kumar Singh Sarvesh .....Applicant(s) State of U.P. .....Opposite Party(s) the statements of the said two witnesses have also been recorded who are stated to have told the informant about having seen them near the place of occurrence, but there is no eye witness to the incident. Even the statement of the said circumstantial witnesses have been recorded after a delay and there is no explanation to the said delay caused. There is no criminal history of the applicant. The applicant is languishing in jail since 25.01.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Per contra, learned counsel for the informant as well as learned A.G.A. has vehemently opposed the bail application on the ground that it was a brutal murder and the co-accused-Neeraj has committed treachery by luring the deceased person to agricultural field and hatched the conspiracy and got the said murder committed. It is also argued that the deceased person has sustained 16 injuries in all which speaks volume of the offence committed, as such, applicant is not entitled for bail. 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the delay in institution of FIR coupled by the fact that there is no eye witness of the incident and the statement of the two last seen witness being recorded after a delay of more than 40 days, 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. 8. Let the applicant- Sarvesh, 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. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. It is made clear that observations made in granting bail to the applicant BAIL No. 29158 of 2025 2 shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 9, 2025 Karan BAIL No. 29158 of 2025 3 (Krishan Pahal,J.) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad