Neutral Citation No. - 2025:AHC-LKO:19792 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8877 of 2024 Applicant :- Sarvesh Opposite Party :- State Of U.P. Thru.Prin. Secy. Home Lko Counsel for Applicant :- Nirmal Singh Yadav,Divya Yadav,Pranjali Mirdha,Shyam Kishor Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Nirmal Singh Yadav, learned counsel for the applicant, Sri Jayant Singh Tomar, 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. 660 of 2023, under Sections 302, 201 I.P.C., registered at Police Station Pihani, District Hardoi. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 12.11.2023 stating that the informant's husband aged about 40 years was suffering from epilepsy. He had gone out of his home at about 10.00 p.m. on 09.11.2023 but he did not come back. On 11.11.2023 the informant got information from the police that a dead body was found and the informant identified the dead body as belonging to her husband. She stated that her husband died due to being hit by some unknown vehicle. The postmortem examination report mentions contusions on the right side of head, on left side of forehead, right side of face and on left hand and a transverse ligature mark present on all around neck and the cause of death has been opined to be asphyxia die to ante mortem strangulation. The police claimed to have arrested the applicant on the basis of an information received from a mukhbir and in his custodial statement he confessed having given effect to the incident. 4. In the affidavit filed in support of bail application it has been stated that the applicant is innocent and he has been falsely implicated in the present case. The applicant's involvement in six other cases has been disclosed in the affidavit filed in support of the bail application. 5. The State has filed a counter affidavit opposing the bail application and it has been stated therein that the applicant is involved in five cases. 6. In the rejoinder affidavit the applicant's involvement in a total of 8 cases has been disclosed, in all of which he has already been granted bail. 7. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that besides the custodial confessional statement of the applicant there is no other material to even prima facie establish the involvement of the applicant in commission of offence and the fact that the applicant is languishing in jail since 07.03.2024 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. Accordingly, this bail application stands allowed. 10. Let the applicant-Sarvesh 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 :- 8.4.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench