Neutral Citation No. - 2025:AHC:19349 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33489 of 2024 Applicant :- Ravindra Opposite Party :- State of U.P. Counsel for Applicant :- Ashutosh Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Rejoinder affidavit filed on behalf of the applicant in the Court is taken on record. 2. Heard Shri Shad Khan, learned counsel for the applicant and Shri Pradeep Kumar, learned A.G.A. for the State-respondent. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.843 of 2023, under Section 302 IPC, Police Station Baraut, District Baghpat, during pendency of the trial in the court below. 4. FIR of the present case was lodged on 21.11.2023 against applicant and according to the FIR, applicant is the nephew of the informant and he committed the murder of his younger brother by causing injury to him through sharp edged weapon. 5. Learned counsel for the applicant submits that from the FIR and the statement of the informant, it reflects that he was not an eye- witness. He further submits, his statement shows that he lodged the FIR on the basis of the information given by Akshat S/o Ravindra but surprisingly during investigation, statement of Akshat has not been recorded by the I.O. 6. He further submits that except the statement of the informant and the fact that when applicant was arrested then he confessed his guilt and on his pointing out one spade was recovered, which alleged to have been used in the crime, there is no other evidence against the applicant on record. 7. He further submits that applicant never confessed his guilt before the police and recovery of the alleged spade is totally false and even till date, same has not been connected with the instant crime. 8. He further submits that applicant is having no criminal history and he is in jail in the present matter since 22.11.2023 i.e. for last more than a year. 9. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 10. I have heard learned counsel for both the parties and perused the record of the case. 11. FIR of the present case was lodged by the uncle of the applicant and according to the FIR, applicant committed the murder of his younger brother but neither from the FIR nor from the statement of the informant recorded during investigation, it could not be reflected that he was eye-witness of the incident. Rather from his statement, it reflects that on the basis of information given by Akshat, the son of the applicant, FIR of the present case was lodged but surprisingly during investigation statement of Akshat has not been recorded by I.O. 12. Further, however, as per prosecution when applicant was arrested then he confessed his guilt and on his pointing out one spade was recovered, which is alleged to have been used in the crime but it could not be reflected that till date the alleged recovered spade has been connected with the instant crime. Further, except the above evidences, there is no other evidence against the applicant on record. 13. Further, applicant is having no criminal history and applicant is in jail in the present matter since 22.11.2023 i.e. for last more than a year. 14. Therefore, considering the facts and circumstances of the case discussed above particularly the long incarceration of the applicant of about two years, in my view, applicant is entitled to be released on bail. 15. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 16. Let the applicant- Ravindra, 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. 17. 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. 18. 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 :- 10.2.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad