Neutral Citation No. - 2025:AHC-LKO:27251 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4020 of 2025 Applicant :- Radhey Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Ambica Tripathi Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Ms. Ambica Tripathi, learned counsel for the applicant, Sri Anurag Verma, learned Additional Government Advocate-I 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.167 of 2021, under Sections 302, 201, 120-B I.P.C., registered at Police Station Baghauli, District Hardoi. 3. Initially the informant had lodged a missing report on 23.03.2021 in respect of his brother Bablu Singh. Subsequently on the same day the aforesaid case has been registered on the basis of an F.I.R. lodged at 23.00 Hrs. against three persons namely (i) Reena Singh, (ii) Anuj Singh & (iii) Mohit, stating that after lodging of missing report it came to light that wife of Bablu Singh was having affinity with Anuj Singh which was opposed by Bablu Singh, therefore, the accused persons killed him. His half burnt dead body was found burried near a drain outside the village on 20.03.2021. 4. The postmortem examination was conducted on 24.03.2021 and it mentions that the body was excessively burnt and hyoid bone was found fractured, deep burns were present all over the body. The cause of death has been opined to be asphyxia due to strangulation/throttling. A tooth and a piece of rib have been preserved for DNA examination. 5. In the affidavit filed in support of 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. 6. The applicant has been implicated in the present case on the basis of custodial statements of co-accused persons. During investigation the complicity of applicant also came to light and thereafter a charge sheet was submitted against three named accused persons as well as against the applicant on 28.05.2021. All the named accused persons have already been enlarged on bail by this court and copies of their bail orders have been annexed with the bail application. 7. The learned Additional Government Advocate-I appearing on behalf of the State has opposed the prayer for bail and he has produced a copy of relevant extracts of case diary for perusal of the court. In the statement of Reena Singh, widow of the deceased she stated that she was having a relationship with the co-accused Anuj. Her husband had become an alcoholic and he used to beat and harass her. Therefore, she and Anuj had made a plan to eliminate him. She had given her jewelry to Anuj for this purpose. Anuj sold away her house and paid the money to the applicant and co-accused Mohit. All the aforesaid three persons made her husband consume liquor and killed him by strangulating in a eucalyptus grove. A gamccha used in commission of crime has been recovered on the pointing out of Anuj. All the three named accused persons have already been granted bail. In the order dated 02.02.2024, passed by a coordinate Bench of this court in Criminal Misc. Bail Application No.9678 of 2023 it has been recorded that a goldsmith to whom the jewelry of Reena Singh is said to have been sold, has been examined as prosecution witness and he has been declared to be hostile. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the named accused persons have already been enlarged on bail; that the allegations levelled against the applicant is similar to those levelled against the co-accused Mohit, who has already been granted bail coupled with the fact that the applicant has no previous criminal history and he is languishing in jail since 28.03.2021 and without making any observation, which may affect the merits of the case, 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. 9. Accordingly, this bail application stands allowed. 10. Let the applicant-Radhey be released on bail in the aforesaid 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, unless his appearance is exempted by the learned trial court. (Subhash Vidyarthi, J.) Order Date :- 9.5.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench