Neutral Citation No. - 2025:AHC-LKO:49462 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8797 of 2024 Applicant :- Kaushal Kishore Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko Counsel for Applicant :- Anuradha Singh,Annpurna Devi Counsel for Opposite Party :- G.A.,Nishant Srivastava,Vivek Kumar Singh Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A. for the State and perused the record. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.337 of 2023, under Sections 302, 201 I.P.C., P.S. Kachhauna, District Hardoi. In the prosecution case it is alleged that on 31.08.2023, complainant has lodged a missing report regarding her son Awadhesh at police station Kachchauna. On 08.09.2023 on the basis of suspicion police along with husband of the complainant namely, Mahesh @ Patwari and some other villagers went to the house of Kaushal where some bad smell was coming. Water tank was made in the house and when police has opened the water tank then saw that dead body and on the basis of cloth body was identified. She further showed her suspicion that Kaushal and Indrajeet have killed her son Awadhesh and conceal the dead body in the water tank made in the house of Kaushal. Learned counsel for the applicant submits that applicant was treating his son in Chandigarh where applicant is living for the last several years. He submits that no material has been found against the applicant except last seen evidence from Manoj Kumar and Rajendra under Section 167 Cr.P.C., confessional statement of the co-accused in police custody. He submits that nothing has been recovered on his pointing out or from his personal search. Police has arrested the applicant from the hospital and not from his house. Applicant was living in Chandigarh for years. He has abandoned his house years ago. In Chandigarh his son was under treatment in PGI Chandigarh. Since the treatment at Chandigarh was very costly, therefore, applicant returned to Hardoi. The discharge slip of PGI Chandigarh as well as his treatment papers of the hospital at Hardoi are on record. It is submitted that case is of circumstantial evidence. The chain of circumstance is not complete. No recovery has been made from the house of the applicant, the co-accused Inderjeet who was assigned the similar role has been granted bail by this Court vide order dated 19.08.2025 passed in Criminal Misc. Bail Application No.5422 of 2024. It is submitted that applicant is suffering from various diseases. Applicant has no criminal history. Applicant is in jail since 10.09.2023. It is submitted that till date trial has not commenced. Learned A.G.A. as well as learned counsel for the complainant have opposed the bail prayer however, do not dispute the fact that trial has not commenced yet. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 10.09.2023, applicant has no criminal history, case is of circumstantial evidence and it is not disputed between the parties that till date trial has not commenced, bail order of co- accused Inderjeet (supra) and without expressing any opinion on 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 Kaushal Kishore be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the 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 under Section 229-A of the Indian Panel Code (now Section 269 of BNS). (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now Section 84 BNSS) 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 174-A of the Indian Panel Code (now Section 209 BNS). Order Date :- 22.8.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench