HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29201 of 2025 Court No. - 65 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Sushil Dubey, learned counsel for the applicant, Sri R.P. Patel, learned State Law Officer for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.45 of 2025, under Sections 103(1) B.N.S., Police Station-Nagla Khangar, District Firozabad, during the pendency of trial. 4. As per prosecution story, the dead body of the brother of the informant was recovered near the Sujnipur underpass on the Lucknow-Agra Expressway on 17.03.2024. The said dead body was kept in mortuary. The dead body was identified on 18.03.2025 by the informant and he suspected that the applicant and co-accused person Adil have committed the said offence as they were seen in the CCTV footage going on a motorcycle with the deceased person. 5. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. FIR is delayed by about four days and there is no explanation to the said delay caused. Applicant has nothing to do with the said offence and he has simply been made accused on the basis of suspicion only and even the said fact stands mentioned in the FIR itself. It is true that applicant is the owner of the said motorcycle but there is no motive for the applicant to commit the said offence. A case of circumstantial evidence hinges on motive and the absence of motive speaks volume of false Versus Counsel for Applicant(s) : Sushil Dubey Counsel for Opposite Party(s) : G.A. Prabal Sharma .....Applicant(s) State of U.P. .....Opposite Party(s) implication. There is no eye witness of the alleged incident. 6. It is further argued by learned counsel for the applicant that there is no recovery of any weapon from the applicant and the deceased has sustained crush injury which may be caused in an accident. There is no criminal history of the applicant. The applicant is languishing in jail since 27.03.2025 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. Learned A.G.A. has vehemently opposed the bail application. 8. In the case of Thulia Kali vs The State of T.N. AIR 1973 SC 501, the Supreme has held that the First information report in a criminal case is an extremely vital and valuable piece of evidence for the purpose of corroborating the oral evidence adduced at the trial. The object of insisting upon prompt lodging of the report to the police in respect of commission of an offence is to obtain early information regarding the circumstances in which the crime was committed, the names of the actual culprits and the part played by them as well as the names of eye witnesses present at the scene of occurrence. Delay in lodging the first information report quite often results in embellishment which is a creature of afterthought. On account of delay the report not only gets bereft of the advantage of spontaneity danger creeps in of the introduction of coloured version, exaggerated account, or concocted story as a result of deliberation and consultation. 9. 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 of four days in institution of FIR and the FIR itself being instituted on the basis of suspicion only 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. 10. Let the applicant- Prabal Sharma, 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. BAIL No. 29201 of 2025 2 (iii) The applicant shall 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. September 9, 2025 Karan BAIL No. 29201 of 2025 3 (Krishan Pahal,J.) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad