HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29998 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. 1. Heard Sri A. K. Srivastava, learned counsel for the applicant, Sri Suresh Singh, learned counsel for the informant and Sri Rajesh Kumar Singh, learned AGA for the State Respondent. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 335 of 2024, under Sections 103, 61(2) B.N.S., Police Station Ramkola, District Kushinagar during pendency of the trial. 3. Learned counsel for the applicant submits that there is delay of 20 days in lodging the FIR, which belies the prosecution story. He further submits that it is a case of circumstantial evidence and during investigation applicant has been made accused in the present matter through the statement of co-accused and except the statement of co-accused and confessional statement of the applicant, there is no other evidence against the applicant on record. It is further submitted that on the similar footing the co-accused Suraj Kushwaha has been granted bail by the Court vide order dated 09.04.2025 passed in Criminal Misc. Bail Application No. 10220 of 2025, therefore, the applicant is also entitled to be released on bail. He next submits, applicant is having one another criminal case which has been explained in the affidavit filed in support of the bail application and in the present matter he is in jail since 04.01.2025. 4. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. Versus Counsel for Applicant(s) : Ashish Kumar Srivastava Counsel for Opposite Party(s) : G.A., Ritesh Singh, Suresh Singh Rahul Kushwaha .....Applicant(s) State of U.P. .....Opposite Party(s) 5. I have heard learned counsel for the parties and perused the record of the case. 6. From the record, it reflects, FIR of the present case was lodged against three named (non applicant) and unknown persons with regard to murder of the son of the informant and during investigation applicant has been made accused in the present matter through the statement of co-accused with the aid of Section 61(2) B.N.S. and it reflects, except the statement of co- accused and confessional statement of the applicant, there is no cogent evidence against him on record. Further, in the present matter applicant is in jail since 04.01.2025. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 7. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 8. Let the applicant, Rahul Kushwaha, be released on bail in the aforesaid case 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) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 9. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 10. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. September 17, 2025 pks BAIL No. 29998 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad