HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 696 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.320 of 2024, under Sections 103(1), 140(2), 238, 3(5) of BNS, P.S. Sakran, District Sitapur. 3. In the F.I.R. it is alleged that at around 07:00 pm on 03.09.2024, the nephew of the complainant went missing. He is aged about 12 years. 4. Learned counsel for the applicant submits that complainant in his statement has not taken the name of the applicant however, in the re- statement complainant has raised suspicion on the present applicant along with the co-accused persons. He submits that in the statement of independent witnesses last seen were given where applicant is shown to be sitting on the back side of the car whereas the deceased is on front side of the car and the car was driven by the co-accused. He submits that except confessional statement of the co-accused, there is no material with the prosecution to implicate the applicant. Case is of circumstantial evidence. The chain of circumstance is not complete. Cause of death is asphyxia as a result of ante mortem throttling. There is no recovery from the applicant. No one has seen the applicant committing the offence. Call details of the applicant have not been matched with the victim's call Versus Counsel for Applicant(s) : Arvind Kumar Verma, Deo Raj Singh, Harish Kumar, Mohammad Salim Khan, Narendra Gupta Counsel for Opposite Party(s) : G.A., Sudhaker Prakash Anuj Shukla .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) record. Applicant has been falsely implicated. He submits that the applicant is in jail since 14.09.2024. Applicant has no criminal history. 5. Learned A.G.A. has opposed the bail prayer. 6. Perused the record. 7. A perusal of the lower court record shows that till 02.07.2025 even the charges were not framed and trial had not commenced. 8. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 14.09.2024 having no criminal history, case is of circumstantial evidence, prima facie chain of circumstance is not complete, the lower court record shows that till 02.07.2025 even the charges were not framed trial had not commenced and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail. 9. Accordingly, the bail application is allowed. 10. Let the applicant Anuj Shukla be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions: (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. BAIL No. 696 of 2025 2 (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 of the Indian Panel Code (now Section 269 of 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 Section 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 of the Indian Panel Code (now Section 209 BNS). August 29, 2025 Saurabh Yadav/- BAIL No. 696 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench