HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 6431 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant, learned Additional Government Advocate for the State, learned counsel for the complainant and perused the record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 06 of 2025, under Sections 103(1), 238, 140(1), 308(2), 3(5) B.N.S., registered at Police Station Kotwali Nagar, District Raebareli. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 06.01.2025 against Awadhesh Yadav and two unknown persons stating that the applicant's brother in law has a scrap shop, he had gone away from the shop at about 5.00 p.m. on 05.01.2025 with the named accused Awadhesh Yadav stating that he was going to purchase some scrap material. He made a phone call to his wife at about 9.00 p.m. on the same day and instructed to send Rs.50,000/0 through Adil near PGI Gate. Two unknown persons were present there, who made him talk to the informant's brother in law on phone and on his instructions money was given to those boys. He had stated that he would come back within half an hour but he did not come back. He had transferred Rs.23,000/- to the bank account of named accused Awadhesh Yadav in the same night. Thereafter, both of his mobile numbers got switched off. The dead body Versus Counsel for Applicant(s) : Mrs.Suniti Sachan, Gangeshwar Pandey Counsel for Opposite Party(s) : G.A., Alok Kumar Mishra Avadhesh Kumar Yadav .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) of the informant's brother in law was recovered from amongst some bushes from the side of National Highway No.25 near Harsha Institute on 06.01.2025. 4. The postmortem examination report mentions a solitary injury which was a contusion of size 7cmX4cm present on back side of head and the cause of death has been opined to be ante mortem head injury. The viscera has been preserved for further examination. It is submitted that the applicant was arrested and in his custodial statement he confessed his complicity in commission of offence. 5. It is submitted that the co-accused Jitendra Rawat and Shahjade @ Bachcha have already been granted bail by a coordinate bench of this Court as well as this Court vide orders dated 19.5.2025 and 3.9.2025 passed in Criminal Misc. Bail Application Nos. 4306 of 2025 and 7312 of 2025 respectively. Hence, the present applicant claims parity. 6. Learned counsel for the applicant submits that the applicant has explained the criminal history of three cases in para no. 29 of the bail application. He is languishing in jail since 7.1.2025. 7. The learned Additional Government Advocate as well as learned counsel for the complainant have opposed the prayer for bail of the applicant and submitted that there is a confessional statement of the applicant and a recovery of Rs. 23,000/- has been made from the applicant. 8. Having considered the aforesaid facts and circumstances of the case, bail orders of the co-accused named above and keeping in view the fact that except custodial confessional statement and recovery of Rs. 23,000/-, there is no other incriminating material against the applicant; the case is of circumstantial evidence; the applicant has duly explained the criminal history; he is languishing in jail since 07.01.2025 and the investigation already stands concluded 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 on the ground of parity. BAIL No. 6431 of 2025 2 9. Accordingly, this bail application is allowed. 10. Let the applicant- Avadhesh Kumar Yadav 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 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 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 15, 2025 Shravan BAIL No. 6431 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench