Neutral Citation No. - 2025:AHC:3968 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46619 of 2024 Applicant :- Manish Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Kumar Shukla,Ramji Mishra Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Pankaj Kumar Shukla, learned counsel for the applicant and Sri Shatrughna Yadav, learned AGA for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 431 of 2023, under Sections 498-A, 304-B, 302 and 313 IPC and 3/4 D.P. Act, Police Station- Khalilabad, District- Sant Kabir Nagar, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that applicant is jeth of the deceased and on the basis of false allegation, he has been made accused in the present matter along with other family members including his another brother namely Manoj Yadav, who was also jeth of the deceased and after considering entire facts of the case in detail, his second bail application has been allowed by this Court vide order dated 26.09.2024 and his bail order has been annexed as Annexure No. 9 to the affidavit and on merit, case of applicant is at par with him. 4. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 05.02.2024 i.e. for last almost a year. 5. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 6. I have heard learned counsel for the parties and perused the record of the case. 7. However, applicant is the jeth of the deceased and deceased died due to strangulation but it reflects that along with applicant his brother Manoj Yadav i.e. another jeth of the deceased was also made accused in the present matter and he has already been released on bail by this Court after considering entire facts of the case and on facts, case of applicant is at par with him. 8. Further, applicant is not having any criminal history and he is in jail in the present matter since 05.02.2024 i.e. for last almost a year. 9. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 10. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 11. Let the applicant- Manish Yadav 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. 12. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 13. 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. Order Date :- 8.1.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad