Neutral Citation No. - 2025:AHC:6458 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46126 of 2024 Applicant :- Sadik Opposite Party :- State of U.P. Counsel for Applicant :- Ashish Pandey,Randhir Jain Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Ashish Pandey, learned counsel for the applicant and Sri Ghanshyam Mishra, learned Brief Holder for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 138 of 2024, under Section 103(1) B.N.S., Police Station Bargadawa, District Maharajganj during pendency of the trial. 3. FIR of the present case was lodged 25.08.2024 against applicant and others and according to the FIR daughter of the informant was having love affair with co-accused Navsher @ Sonu and when marriage of co-accused Navsher @ Sonu was settled with some other then on 17.08.2024 a Panchayat was held in this regard and on the insistence of the daughter of the informant co-accused Navsher @ Sonu had taken her in his home and on 18.08.2024 applicant and other accused persons along with co-accused Navsher @ Sonu after committing her murder threw her dead body in the field. 4. Learned counsel for the applicant submitted that applicant is maternal-grand-father of principal accused Navsher @ Sonu and only due to this reason he has been made accused in the present matter and he is having no concern with the alleged incident. 5. He further submits, however, from the post mortem it reflects, deceased sustained several abrasions but she did not die due to ante mortem injury and her viscera was preserved and now viscera report is on record, which has been annexed along with instant bail application and from its perusal, it reflects that she died due to consumption of Aluminum Phosphide, therefore, prima facie, it appears to be a case of suicidal death and possibility cannot be ruled out that due to the torture of the principal accused Navsher @ Sonu she consumed poison and died. He further submits, in any case applicant cannot be held liable. 6. He further submits, except the general and vague allegation there is no cogent evidence against the applicant on record. He further submits, applicant is 76 years old and infirm person and he is not having any criminal history and in the present matter he is in jail since 09.10.2024. 7. Per contra, learned AGA opposed the prayer for bail and submitted that on 17.08.2024 co-accused Navsher @ Sonu has taken the deceased in his home and next day she died. He further submits, from perusal of the post mortem report of the deceased, it reflects that deceased sustained as many as 12 injuries on her body but could not dispute the fact that applicant is maternal-grand- father of the principal accused Navsher @ Sonu and he is about 76 years old and except the general allegation there is no specific allegation against the applicant on record. Learned AGA further could not dispute the fact that applicant is not having any criminal history. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, it reflects that on 17.08.2024 co-accused Navsher @ Sonu has taken the deceased in his home and on 18.08.2024 her dead body was found and from perusal of the post mortem, it reflects that deceased sustained number of injuries on her body but post mortem also suggests that she did not die due to ante mortem injuries and her viscera was preserved and from perusal of viscera report, it reflects that deceased died due to consumption of Aluminum Phosphide and it reflects, except the bald and verbal allegation there is no other evidence against the applicant on record and considering the fact that applicant is maternal-grand- father of principal accused Navsher @ Sonu, the argument advanced by learned counsel for the applicant that only being maternal-grand-father of principal accused Navsher @ Sonu, applicant has been made accused in the present matter, cannot be ruled out at this stage. 10. Further, applicant is 76 years old and infirm person and he is not having any criminal history and in the present matter he is in jail since 09.10.2024. 11. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicant - Sadik 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. 14. 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. 15. 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 :- 15.1.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad