Neutral Citation No. - 2025:AHC-LKO:25018 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3686 of 2025 Applicant :- Raju @ Mistri @ Raju Mistri Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Rajeev Mishra,Mool Shankar Mishra Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Rajeev Mishra, learned counsel for the applicant, Shri Anant Pratap Singh, learned A.G.A. for the State, Shri Kamlesh Kumar Yadav, the learned counsel for the informant and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.61 of 2025 under Sections 103(1), 115(2), 61(2) of B.N.S. registered at Police Station- Poorakalandar, District- Faizabad/Ayodhya. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 02.02.2025 against unknown persons, stating that the informant's father used to work as a Watchman in an under construction marriage lawn. Some unknown persons attacked him with sticks and iron rods at about 01:00 PM on 02.02.2025 due to which he fell unconscious. The informant got knowledge of the incident through a Meson (the applicant) whereupon the injured person was admitted to the District Hospial. 4. The postmortem examination report mentions the cause of death to be shock and hemorrhage due to ante-mortem blunt injuries. 5. Although the incident was not witnessed by any person, during investigation, the informant expressed a suspicion that the deceased was working as a Watchman due to which the applicant and other persons could not commit theft of any material from site and they killed the deceased for this reason. Another son of the deceased Basant Lal also gave a similar statement. 6. The police claimed to have arrested three named persons- Shiv Shankar Dubey, Shubhankar Mishra and Pawan Singh who confessed to have killed the deceased. Thereafter, the police arrested the applicant alongwith one Sandeep Gupta and both of them confessed their involvement in hatching a conspiracy for killing the deceased. 7. 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. 8. Learned A.G.A. has vehemently opposed the bail application and on the basis of written instructions, he has submitted that allegations have been established during investigation and a charge-sheet has been submitted on 31.03.2025. 9. Learned counsel for the informant has also opposed the bail application and he has submitted that the applicant has confessed about his involvement in hatching the conspiracy and he had the motive for commission of the offence and, therefore, the applicant is not entitled to be released on bail. 10. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the FIR was lodged against unknown persons on the basis of information of the incident, provided by the applicant himself; that although the FIR mentions that it was lodged on the basis of information provided by the applicant, no suspicion has been expressed in it against the applicant but in the statement recorded under Section 180 B.N.S.S., the informant expressed suspicion against the applicant thereafter, in the custodial statement, the applicant is said to have confessed about his involvement in hatching the conspiracy; no incriminating material has been recovered on pointing out of the applicant and that the applicant has no criminal history and he is languishing in jail since 06.02.2025 whereas the investigation already stands concluded, 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. 11. Accordingly, this bail application stands allowed. 12. Let the applicant- Raju @ Mistri @ Raju Mistri 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 :- 1.5.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench