Neutral Citation No. - 2025:AHC-LKO:25483 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3753 of 2025 Applicant :- Mohit Pal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Awadhesh Kumar Pal Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Awadhesh Kumar Pal, learned counsel for the applicant, Shri Anant Pratap Singh, learned A.G.A. for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.215 of 2024 under Sections 103, 238 of B.N.S. registered at Police Station- Sidhauli, District- Sitapur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged by a Village Chawkidar on 22.07.2024, stating that an unidentified dead body was lying amongst some bushes and Eucalyptis trees. 4. The postmortem report mentions an incised wound on the neck and an abrasion above the right wrist joint. The cause of death has been opined to be shock and hemorrhage due to antemortem injuries. 5. During investigation, father of the deceased stated that the deceased was having illicit relationship with a neighbor Sushila. Muskan, the elder daughter of Sushila had got married five years ago but after her relations with her husband turned sour, she had started living with the applicant. Quarrels used to take place between Muskan and her mother Sushila. The deceased used to intervene in it which was not like by Muskan. For this reason, Muskan and Mohit killed the informant's son. 6. The informant's father stated that some villagers had seen Shagun and Muskan going towards the place of incident in the evening of the incident and they came back between 09:00- 09:30 PM which was seen by this witness himself. 7. Another witness namely Prashant Mohan Mishra also stated he had seen the deceased with Muskan and Shagun Mishra and a small girl was also present with them. 8. The recovery memo has been annexed with the bail application wherein it is recorded that police had taken the applicant towards the place of the incident and on his pointing out, a knife was recovered from amongst bushes which knife had already been recovered from the place of the incident at an earlier point of time. After the recovery, the knife was wrapped in a white tissue paper. The applicant allegedly confessed that he has killed the deceased with that knife. 9. 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. 10. Learned A.G.A. has opposed the bail application and he has submitted that allegations have been established during investigation and a charge-sheet against the applicant has been submitted on 25.10.2024. He has further submitted that the mobile phone location of the applicant has been found to be near the place of the incident and he had a mobile conversation with co-accused Muskan. 11. Having considered the aforesaid facts and circumstances of the case, it appears that at this stage there is no eye-witness of the incident; the applicant has been implicated on the basis of suspicion because of his relations with Muskan and relations of the deceased with Shagun, mother of Muskan; although a knife is said to have been recovered on pointing out of the applicant, the recovery memo states that the same knife had already been recovered by the police at some previous point of time; that the applicant has no criminal history and he is languishing in jail since 01.08.2024 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. 12. Accordingly, this bail application stands allowed. 13. Let the applicant- Mohit Pal 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 :- 2.5.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench