Neutral Citation No. - 2025:AHC-LKO:23283 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1920 of 2025 Applicant :- Vikas Dubey @ Jackey Opposite Party :- State Of U.P. Thru. Addl. Chief. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Jay Krishna Shukla,Avaneesh Sharma Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Jay Krishna Shukla, the learned counsel for the applicant, Sri Rajeev Kumar Verma, the learned AGA-I for the State and Sri Ram Sajeevan Yadav, the learned counsel for the informant and perused the records. 2. This second bail application has been filed seeking release of the applicant on bail in Case Crime No. 67/2022, under Section 302 IPC, Police Station Jethwara, District Pratapgarh. 3. First bail application No. 12734/2023 was dismissed as not pressed by means of an order dated 03.10.2024. 4. The aforesaid case has been registered on the basis of an F.I.R. lodged on 21.03.2022 stating that the informant's son Manoj Yadav had gone away from his home on his motorcycle at about 09:00 p.m. on 20.03.2022 stating that he was going to the applicant's house. He did not come back in the night and the calls made to his mobile phone also could not get proved. The informant received information at about 06:00 a.m. on 21.03.2022 that the dead body of his son was laying in the jungle of Dubey ka purwa. A search was made for the applicant and he was not found at his home. The informant expressed a suspicion that the applicant had killed her son. In the statement of the informant she stated that the applicant's father had died about 10-12 years ago. His mother Sunita used to come to the informant's house and a relationship had been developed between her and and the deceased. The applicant was annoyed due to this relation and he used to hate the applicant's son Manoj. For the past some time, the informant's son had stopped visiting the applicant's house due to which the applicant and his mother killed the informant's son. 5. The police claimed to have recovered blood stained gamcha and a kulhari from the place of the incident. This recovery has not been made on the pointing out of the applicant or any other person. 6. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. 7. Four prosecution witnesses have been examined by the trial court and copies of their statements have been annexed with the bail application. No person has witnessed the incident and all the witnesses have stated about involvement of the applicant in commission of the offence on the basis of suspicion only. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that even after examination of four prosecution witnesses, prima facie, it appears that the applicant has been implicated on the basis of suspicion only; statements of four prosecution witnesses having already been recorded, in case of his release on bail the applicant will not be in a position to influence the witnesses and that the applicant has no criminal history and he is languishing in jail since 27.03.2022, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 9. Accordingly, this bail application stands allowed. 10. Let the applicant-Vikas Dubey @ Jackey be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court. . [Subhash Vidyarthi, J.] Order Date :- 23.4.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench