HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 44407 of 2024 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. 1. Heard learned counsel for the applicant, Sri Ajay Singh, learned A.G.A. as also Sri S.K. Tiwari, learned counsel for the first informant and perused the record. 2. The instant bail application under Section 483 BNSS at the instance of the applicant Santosh Bind has been filed seeking enlargement on bail in Case Crime No. 196 of 2024, under Sections 103 (1), 238 BNSS, Police Station- Jamania, District Ghazipur, during the pendency of the trial in the court below. The bail application of the applicant before the court below was rejected by the learned Sessions Judge, Ghazipur vide order dated 05.09.2024 and the applicant is languishing in jail since 25.07.2024. 3. Learned counsel for the applicant has vehemently argued that the applicant is innocent and has been falsely implicated in this case crime number for ulterior motives. The FIR in question was lodged nominating the applicant and 3 others with the allegation that the informant received a phone call from one Bablu Rai at about 4:30 p.m. in the evening that the applicant has done to death the daughter of the first informant aged about 15 years and the other named accused persons are attempting to destroy the evidence. It has been argued that there is no evidence to connect the applicant with the crime except the confessional statement of the co- accused and the mobile communication received by the informant. The informant is not an eyewitness of the incident and the applicant has been accused of killing his own sister. There is no recovery of any weapon Versus Counsel for Applicant(s) : Ashutosh Kumar Pandey, Kalp Nath, Vivekanand Counsel for Opposite Party(s) : G.A. Santosh Bind .....Applicant(s) State of U.P. .....Opposite Party(s) from the possession or pointing out of the applicant rather the recovery has been shown from the co-accused Mahatim. The post mortem report of the deceased reveals 3 incised wounds and 2 abrasions and cause of death shown is due to ante mortem injuries instantaneously. Learned counsel has further argued that charge sheet against the applicant has already been filed on 22.08.2024 and the court below has also taken cognizance of the same and charges have also been framed against the applicant. The trial is proceeding and the statement of the informant as P.W. 1 has been recorded. Learned counsel for the applicant has also invited the attention of the Court to an affidavit filed by the informant through Sri S.K.Tiwari, learned counsel for the informant in which the statement of P.W. 1 has been annexed. A perusal of the statement of P.W. 1 it is revealed that he has not supported the FIR version rather has disowned it by submitting that it was not read out to him before obtaining his thumb impression. The statement further reveals that he had no knowledge that his son Santosh (Applicant) killed his daughter Yashoda. the statement further reveals that on returning home, neighbours informed him that an unknown person had entered the house and ran away after committing the crime. The applicant has no criminal antecedent and shall not misuse the liberty of bail if release on bail. Hence, bail has been prayed for. 4. S.K. Tiwari, learned counsel for the first informant does not opposed the prayer for bail. The first informant in his personal affidavit which is on record in para 6 thereof has averred that the complainant has no objection if his son Santosh Bind is granted bail. Learned AGA in the wake of the above has also not opposed the bail. 5. Accordingly, the bail application is allowed. 6. Let the accused-applicant, Santosh Bind, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. BAIL No. 44407 of 2024 2 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. 7. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. August 28, 2025 v.k.updh. BAIL No. 44407 of 2024 3 (Ashutosh Srivastava,J.) Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad