HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 10864 of 2026 Court No. - 65 HON'BLE SAMEER JAIN, J. 1. Counter affidavit filed today on behalf of the State is taken on record. 2. Heard Sri Pankaj Bharti, learned counsel for the applicant and Sri Rajnikant Rai, learned AGA for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 283 of 2024, under Sections 302, 201, 120-B IPC, Police Station Kotwali, District Muzaffarnagar, during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that FIR of the present case was lodged by police personnel and however applicant is named in the FIR but from the record it reflects, co-accused Arbaz, the husband of the deceased was prime accused and he was arrested at spot while he was trying to dispose of the dead body of the deceased. 5. He further submitted that however as per prosecution applicant was also present at the spot but he was managed to escape. 6. He further submitted that apart from the statement of the co-accused and confessional statement of the applicant recorded by the Investigating Officer as per prosecution when applicant was arrested then on his pointing out, lower jaw and hairs of deceased were recovered from a field but entire recovery is false and planted one. 7. He further submitted that even from the recovery memo it reflects, alleged Versus Counsel for Applicant(s) : M.J. Akhtar, Pankaj Bharti, Shahzad Alam, Sr. Advocate Counsel for Opposite Party(s) : G.A. Shahrukh .....Applicant(s) State of U.P. .....Opposite Party(s) recovery was made from an open place which was accessible to all. 8. He further submitted that even in absence of any other corroborative evidence merely on the basis of above recoveries, prima facie, it cannot be said that applicant involved in the instant crime alongwith co-accused Arbaz. 9. He further submitted that it is a case of circumstantial evidence and motive to commit crime was against co-accused Arbaz i.e. husband of the deceased. He further submitted that it reflects, as applicant is the friend of co-accused Arbaz, therefore, police also implicated him alongwith the co- accused. 10. He further submitted that however, apart from the present case applicant is having criminal history of two other cases but one case relates to Cow Slaughter Act and another case is a case of police party no injury case. 11. He further submitted that in the present matter applicant is in jail since 1.7.2024 i.e. for last more than two years. 12. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 13. I have heard learned counsel for the parties and perused the record of the case. 14. However as per prosecution applicant alongwith co-accused Arbaz who was husband of the deceased committed the murder of the deceased but from the record of the case, co-accused Arbaz, the husband of the deceased appears to be prime accused. 15. Further, it is a case of circumstantial evidence and as far as circumstances are concerned, as per prosecution apart from the confessional statement of the applicant and statement of co-accused Arbaz recorded by the Investigating Officer, on the pointing out of the applicant, lower jaw and hairs of the deceased were recovered but from the recovery memo which has been annexed alongwith the supplementary affidavit it reflects, alleged recoveries were made from a field which was open to all. 16. Further, even it reflects, till date alleged recovered items could not be BAIL No. 10864 of 2026 2 connected with the instant crime. 17. Further even this Court finds merit in the arguments advanced by learned counsel for the applicant that in absence of any other corroborative evidence merely on the basis of above recoveries, prima facie, it cannot be said that applicant also involved in commission of the present crime alongwith co- accused Arbaz. 18. Further, admittedly applicant is the friend of co-accused Arbaz and therefore, argument advanced by learned counsel for the applicant with regard to his false implication can also not be completely ruled out at this stage. 19. Further, however apart from the present case applicant is having criminal history of two other cases but his criminal history has been explained and it reflects, one case relates to the provisions of Cow Slaughter Act and another one though of section 307 IPC but it is a case of police party no injury case. 20. Further in the present matter applicant is in jail since 1.7.2024 i.e. for last more than two years. 21. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 22. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 23. Let the applicant-Shahrukh, 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. 24. In case of breach of any of the above condition, the prosecution will be BAIL No. 10864 of 2026 3 at liberty to move an application before this Court for cancellation of the bail of the applicant. 25. 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 18, 2026 Ankita BAIL No. 10864 of 2026 4 (Sameer Jain,J.) Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad