HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 41689 of 2025 Court No. - 67 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Sri Manoj Kumar Mishra, learned counsel for the applicant, Sri Shiv Dutt Shukla, learned AGA for the State-respondents and perused the record. 2. The present bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of applicant with a prayer to release him on bail in Case Crime No. 97 of 2025 under Sections 103(1), 238(A) BNS registered at Police Station Sadar Bazar, District Saharanpur during pendency of the trial. 3. At the very outset, learned A.G.A. states that notice has been served upon the first informant. 4. It has been argued by learned counsel for the applicant that applicant has been falsely implicated in the present case as the FIR has been lodged against unknown after recovery of the dead body of the deceased. It is alleged that father of the first informant went missing from his house on 21.2.2025 and his dead body was recovered on 23.2.2025. It is further submitted that FIR was lodged on 24.2.2025 and the applicant was arrested on 26.2.2025 and during investigation, one obscure video was recovered in which, the deceased was last seen with the applicant. It has also surfaced during investigation that blood of the deceased was found on the clothes of the applicant and it is highly improbable that a person would wear the same cloth for four days after committing the offence. It is further submitted that applicant has no criminal history and he has been Versus Counsel for Applicant(s) : Manoj Kumar Mishra Counsel for Opposite Party(s) : G.A. Ravi .....Applicant(s) State of U.P. .....Opposite Party(s) languishing in jail since 26.2.2025 and the trial is not likely to conclude in near future. It is also submitted that the applicant undertakes that he will not misuse the liberty, if granted. 5. On the other hand, learned A.G.A. opposed the prayer for grant of bail to the applicant and submits that during investigation, some of the eye witnesses have stated that the deceased was last seen with the applicant and blood of the deceased was found on the clothes of the applicant. 6. As per the FIR which has been lodged against unknown alleging therein that father of the first informant went missing from his house on 21.2.2025 and his dead body was recovered on 23.2.2025. FIR was lodged on 24.2.2025 and the applicant was arrested on 26.2.2025 and during investigation, one obscure video is said to have been recovered in which, the deceased was last seen with the applicant. It has also surfaced during investigation that blood of the deceased was found on the clothes of the applicant. It is submitted that it is highly unbelievable that a person would wear the same clothes for four days after committing such an offence. The postmortem report of the deceased shows ante mortem injuries on his person and cause of his death is shown as shock and hemorrhage as a result of ante mortem injuries. Applicant has no criminal history and he has been languishing in jail since 26.2.2025. 7. Upon considering the totality of facts, nature and the evidence reflected from record and without expressing any opinion on merits of the case, I find it to be a fit case for bail. Hence, the present bail application is ALLOWED. 8. Let the applicant Ravi involved in the aforesaid case crime be released on bail on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions :- (i) The applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence. BAIL No. 41689 of 2025 2 (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of B.N.S.S. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in the trial court. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order. September 17, 2026 Madhurima BAIL No. 41689 of 2025 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad