Neutral Citation No. - 2025:AHC:74717 Reserved Court No. - 71 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43175 of 2024 Applicant :- Vishnu Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Neha Rajput,Parmeshwar Kr. Chaudhary Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant-accused and learned A.G.A. for the State. 2. The present second bail application has been filed by the applicant-accused in Case Crime No. 768 of 2020, under Sections 364, 302, 201, 34 I.P.C., Police Station- Lanka, District - Varanasi with the prayer to enlarge the applicant-accused on bail. The first bail application of applicant was rejected for want of prosecution vide order dated 22.02.2024 passed by this Court. 3. It is submitted by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. The informant has lodged First Information Report on 12.11.2020 alleging that his son Alok Kumar Rai was staying in Varanasi for his education and since 08.11.2020 he has gone missing. The applicant is not named in the First Information Report. It was submitted that there is no eye-witness of the alleged incident. The applicant was falsely implicated in this case on the basis of statement of co-accused Avinash Rai alias Anshu. As per statement of said Avinash Rai alias Anshu, dispute was between him and deceased and that as per his statement, applicant and co- accused Ganesh have caught feet of the deceased, co-accused Amitesh has caught his head, co-accused Rajesh Kumar Bharti held his hands and co-accused Avinash Rai alias Anshu has given knife blows to the deceased. Alleged recovery of dead body of deceased and weapon was shown at joint pointing out of accused persons. There is no independent witness of alleged recovery. It was stated that co-accused Rajesh Kumar Bharti has been granted bail by this Court vide order dated 29.06.2021. Referring to facts of the matter, it was submitted that there is no credible evidence against the applicant. The applicant is in jail since 19.11.2020 and thus, he has already undergone detention of about four and a half years and trial of the case is likely to take sufficient long time. It was stated that applicant has no criminal history and that in case the applicant is granted bail, he shall not misuse the liberty of bail and would co-operate during trial. 4. Learned A.G.A. has opposed the prayer for bail and submitted that applicant is not named in the First Information Report but his involvement in the incident was found during investigation and that applicant was assigned role of catching feet of the deceased. 5. I have considered the rival submissions and perused the record. 6. It appears from the record that there is no eye-witness of the alleged incident. As per prosecution version which emerged during investigation, the deceased has slapped co-accused Avinash Rai alias Anshu, due to which he was feeling insulted. As per statement of co-accused Avinash Rai alias Anshu, on 08.11.2020 deceased was called at his room and he was administered some poison in liquor and thereafter, co-accused Amitesh has caught head of deceased, co-accused Ganesh and applicant- Vishnu have caught his feet, co-accused Rajesh Bharti has caught his hand and co- accused Avinash Rai alias Anshu has caused knife injuries to the deceased and deceased was done to death by way of strangle. The motive of incident has been attributed to co-accused Avinash Rai alias Anshu. Similarly placed co-accused Rajesh Kumar Bharti has been granted bail by the co-ordinate Bench of this Court vide order dated 29.06.2021. It was stated that only three witnesses have been examined so far and applicant is in jail since 19.11.2020 and thus, he has already undergone detention of about four and a half years. 7. Considering the entire facts, particularly period of detention, stage of trial and role of applicant, without expressing any opinion on the merits, a case for bail is made out. Hence, the instant second bail application is hereby allowed. 8. Let the applicant-accused – Vishnu Sharma, involved in aforesaid crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions: (i) The applicant-accused shall not tamper with the evidence during the trial. (ii) The applicant-accused shall not pressurize/ intimidate the prosecution witness. (iii) The applicant-accused shall appear before the trial court on the date fixed, unless personal presence is exempted. (iv) The applicant-accused shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (v) The applicant-accused 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence. 9. In case of breach of any of the above condition, the Court concerned shall be at liberty to cancel bail of applicant-accused in accordance with law. Order Date :- 8.5.2025 Rama Kant/Anand Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad