Neutral Citation No. - 2025:AHC-LKO:33707 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4885 of 2025 Applicant :- Vishal Goldar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Zia Ul Qayuim,Ajeet Pratap Singh,Mohd Ashif Khan Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Zia Ul Qayuim, the learned counsel for the applicant as well as Arvind Kumar Pandey, the learned A.G.A. for the State and perused the record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 458 of 2024, under Sections 103(1), 238, 123 B.N.S, registered at Police Station Padhua, District Lakhimpur Kheri. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 20.12.2024, stating that the applicant had called away the informant's son aged 20 years at about 8 PM on 25.11.2024 and the informant's daughter had seen the applicant taking away the informant's son. The applicant killed the informant's son and the dead body was recovered from a jungle on 16.12.2024, which was identified by the informant's daughter on the basis of the clothes. 4. The inquest report mentions that the face of the dead body had been eaten away by animals, it was about 3-4 days old and it had swollen and blackening was present. The informant's daughter identified the dead body on the basis of clothes. 5. The post mortem examination of the dead body was conducted on 17.12.2024. It is recorded in the post mortem examination report that both the eye balls were missing, the death took place about a week ago and the cause of death could not be ascertained. It also mentions that there was no ante mortem injury on the dead body. 6. The viscera examination report has disclosed the presence of Carbofuran Insecticide. 7. One Viraj Golder has given statement on 20.12.2024 that the applicant had come into contact with Anamika through Facebook. Gautam (deceased) was also in contact with Anamika due to which some dispute took place between the applicant and Gautam. The applicant had told that he would eliminate Gautam and he did so. 8. In his custodial statement, the applicant confessed to having killed the deceased and the mobile phone of the deceased and pesticide were recovered from the applicant's hut on his pointing out. 9. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 20 years having no criminal history and he has been falsely implicated in the present case. 10. The learned A.G.A has opposed the bail application and he has submitted that the allegations have been established during investigation and a charge-sheet has already been submitted on 10.03.2025 11. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that although the deceased had gone missing on 25.11.2024 and his sister had allegedly seen him going away with the applicant, no missing report was lodged; the dead body was found on 16.12.2024 and it was not identifiable by face, the dead body has been identified only by the clothes and no DNA examination has been done to ascertain his identity; the F.I.R has been lodged four days after finding the dead body and the allegation that the applicant was seen with the deceased for the last time about a month ago, was levelled for the first time while lodging of the F.I.R; coupled with the fact that the applicant is a young man aged 22 years having no criminal history and he is languishing in jail since 21.12.2024 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. 12. Accordingly, this bail application stands allowed. 13. Let the applicant- Vishal Goldar be released on bail in aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the 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 :- 30.5.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench