Neutral Citation No. - 2025:AHC:21201 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1807 of 2025 Applicant :- Ashish Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Ashish Kumar Gupta Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Ashish Kumar Gupta, learned counsel for the applicant and Dr. S.B.Maurya, learned AGA-I, for the State. 2. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.129 of 2024, under Sections 103(1), 191(2), 190 and 238 BNS, Police Station Sadat, District Ghazipur during pendency of the trial. 3. FIR of the present case was lodged on 27.9.2024 against the applicant and five others including some unknown persons and according to the FIR, on 25.9.2024 dead body of the son of the informant was found near the Railway track. It is further mentioned in the FIR that subsequently through a video informant came to know that applicant and other named accused persons were beating the deceased in the room of a school and according to him after committing murder of the deceased they have thrown his dead body near Railway track. 4. Learned counsel for the applicant submits that on the basis of false allegation applicant has been made accused in the present matter and there is absolutely no evidence of murder against the applicant. 5. He further submits that during investigation Investigating Officer recorded the statement of Pari Gupta daughter of one another co-accused and she stated that as she wanted to elope along with the applicant, therefore, applicant along with his other family members has taken the deceased in the room of a school and thereafter they beaten him and except this she did not state any other circumstance against the applicant relating to the murder of the deceased. 6. He further submits that even if applicant and other accused persons have beaten the deceased in the room of a school due to the reason that he was having love affair with the daughter of one of the co-accused then no presumption can be drawn that they would have committed his murder. 7. He further submits that applicant is not having any previous criminal history and in the present matter he is in jail since 28.9.2024. 8. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by the learned counsel for the applicant. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, as per prosecution deceased was having love affair with the daughter of one of the co-accused and due to this reason applicant and other co-accused firstly beaten the deceased and thereafter committed his murder and thrown his dead body near Railway track but except the fact of beating, there is no evidence of murder on record. 11. Record further suggests that place of assault is a school and Railway track appears to be quite far from that place. Considering all these facts the argument advanced by the learned counsel for the applicant that merely because the applicant and other co- accused persons scolded the deceased and thereafter, his dead body was found near Railway Track, no presumption can be drawn that applicant and others committed his murder, cannot be ruled out at this stage. 12. Further, applicant is not having any previous criminal history and in the present matter he is in jail since 28.9.2024. 13. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 15. Let the applicant-Ashish Gupta 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. 16. 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. 17. 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. Order Date :- 14.2.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad