Suhail vs State of U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 37119 of 2025

Suhail

.....Applicant(s)

Versus

HON'BLE RAJ BEER SINGH, J.

¶7

The present second bail application has been filed on behalf of the applicant in Case Crime No. 438 of 2022, under Sections 302, 201 I.P.C., Police Station Khatauli, District Muzaffar Nagar with the prayer to enlarge the applicant on bail. The first bail application of applicant was rejected by this Court on merits vide order dated 18.10.2024.

It has been argued by the learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. The case is based on circumstantial evidence and that there is no eye witness of the alleged incident. As per version of the informant, the dead body of the deceased was recovered on 30.08.2022 from sugarcane field, whereas as per version of investigation, dead body of the deceased was recovered at the instance of the applicant and co-accused Manish. The prosecution version that dead body of deceased was recovered at instance of applicant is wholly doubtful. Applicant has no motive at all to indulge in the incident. The motive has been attributed to the co-accused Manish. There is no independent eye witnesses of the alleged recovery. There is no FSL report regarding alleged brick, used in the incident. Referring to the facts of the matter, it was submitted that there is no credible evidence against applicant. Applicant has no criminal history.

It is further submitted that the first bail application of applicant was rejected by this Court vide order dated 18.10.2024 and after that similarly placed co-accused Manish has already been granted bail, copy of which is available on record. The role of applicant is similar to co-accused Manish. Lastly, it was submitted that in case applicant is enlarged on bail, he will not

BAIL No. 37119 of 2025

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misuse the liberty of bail.

Learned A.G.A. has opposed the prayer for bail and argued that the first bail application of applicant has already been rejected by this Court on merits. However, it could not be disputed that similarly placed co-accused Manish has been granted bail.

Considering the submissions of learned counsel for the parties, nature of accusations and all attending facts and circumstances of the case, particularly the fact that similarly placed co-accused Manish has already been granted bail, without expressing any opinion on the merits, a case for bail is made out. Hence, the present second bail application is hereby allowed.

Let the applicant Suhail involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:

i. The applicant shall not tamper with the evidence during trial.

ii. The applicant shall not pressurize/intimidate the prosecution witnesses.

iii. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.

iv. The applicant shall not try to contact, threat or otherwise influence the informant or any of the witness of the case.