HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 4951 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. Counter affidavit filed today is taken on record. Heard learned counsel for the applicant, learned AGA for the State and perused the record. In the prosecution case, it is alleged that the son of the informant aged about 18-19 years had gone away from his home on 9.6.2024 at about 07.30 pm in the evening, but he did not come back. On search, his beheaded body was found. It is alleged that two unknown persons had taken away his son (deceased) from RDS agency, but he has no knowledge about those persons. Learned counsel for the applicant submits that the applicant is not named in the FIR. In the confessional statement of the co-accused, the name of the applicant has surfaced, wherein he has assigned the role of beheading the deceased. It is submitted that the case is of circumstantial evidence. Except the confessional statement of the co-accused, there is no other material against the applicant. The co-accused Shiv Prasad Kori, who has been assigned the role of catching hold of hands and legs of the deceased, has been granted bail by a coordinate bench of this Court vide order dated 19.3.2025 passed in criminal misc. bail application No. 12724 of 2024. Hence, the applicant claims parity. It is further submitted that the applicant has no criminal history and he is languishing in jail since 12.6.2024. Charge-sheet in the case has been filed. Versus Counsel for Applicant(s) : Satyendra Nath Mishra Counsel for Opposite Party(s) : G.A. Sandeep Kumar .....Applicant(s) State Of U.P. Thru. Its Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) There is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. On due consideration to the submissions advanced, perusal of the record, the bail order of the co-accused Shiv Prasad Kori so also the fact that the case is of circumstantial evidence; except the confessional statement of the co- accused, there is no other material against the applicant; there is no recovery either from the possession of the applicant or his pointing out; the applicant has no criminal history; charge-sheet in the case has been filed; he is languishing in jail since 12.6.2024 and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant- Sandeep Kumar involved in Case Crime No. 108 of 2024, under Sections 302, 201, 34 I.P.C., Police Station- Dhammaur, District- Sultanpur, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance BAIL No. 4951 of 2025 2 with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him in accordance with law. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 B.N.S.S. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of B.N.S. September 8, 2025 Shravan BAIL No. 4951 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench