Neutral Citation No. - 2025:AHC-LKO:48174 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 491 of 2025 Applicant :- Vinod Kumar Gautam @ Vinod Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Pravin Kumar Singh,Abhishek Shukla,Anupama Bhadauria Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. 1.Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record. 2.It is alleged in the prosecution case that father of the informant used to work in Gurgaon, Haryana in Bekar Ovan company. There, one Pushpa, co-accused also used to work. Both had illicit relationship. He went missing since 16.6.2024 from the company. It is further alleged that on the pointing out of the co-accused Pushpa, from the courtyard of the co-accused Poonam, dead body of his father has been recovered. It is also alleged that the applicant along with the co-accused by hatching conspiracy have killed his father. 3.Learned counsel for the applicant submits that except the confessional statement of the applicant, there is no other corroborative material to support the prosecution case. It is a case of circumstantial evidence. The applicant has been implicated because he happens to be the husband of co-accused Pushpa. It is further submitted that Poonam Devi has been granted bail by a coordinate Bench of this court vide order dated 24.7.2025 passed in Bail No.4760 of 2025. The applicant has no previous criminal history. The applicant is in jail since 21.7.2024. It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. 4.Learned A.G.A. opposed the prayer for bail and submits that looking to the grievous nature of the offence as per post mortem report, it is a heinous offence and the applicant being husband of the co-accused is not entitled for bail. 5.Considering the facts and circumstances of the case, the fact that the applicant has no criminal history, case is of circumstantial evidence, prima facie, chain of circumstance does not appear to be complete, except confessional statement of the applicant, prima facie, there appears to be no other material, the co-accused Poonam Devi has been granted bail, this court is of the opinion that it is a case of parity, arguments advanced by learned counsel for the parties, the period for which the applicant is in jail and without expressing any opinion on the merit of the case, I find it to be a fit case for enlarging the applicant on bail. 6.Let the applicant Vinod Kumar Gautam alias Vinod Kumar, involved in Case Crime No.151 of 2024 under sections 302, 201 I.P.C., P.S. Fatanpur, district Pratapgarh, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) The applicant 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A I.P.C. (now 269 BNS) (vi) In case the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now 84 BNSS) is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A I.P.C. (now 209 BNS). 7.The application is allowed accordingly, on parity ground. Order Date :- 18.8.2025 kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench