HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8920 of 2024 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant, learned AGA for the State, learned counsel for the complainant and perused the record. In the prosecution case, it is alleged that the daughter of the informant namely, Komal aged about 20 years went missing from home. She was sleeping with her mother. While her mother woke up, she found her daughter (deceased) missing from her cot. Later on, after searching, it was found that the deceased has been done to death in a mustard field nearby. The police has been informed at Dial 112. Learned counsel for the applicant submits that the applicant is innocent. He is not named in the FIR. Except the suspicion raised in the re-statement of the complainant as well as the mother of the deceased regarding only relationship with the applicant and the deceased, there is no other corroborative evidence in support of the prosecution case. It is submitted that the case is of circumstantial evidence. As per the post-mortem report, the cause of death is due to ante-mortem injuries. The applicant is not connected with the crime in any manner. It is further submitted that the applicant has no criminal history and he is languishing in jail since 12.1.2024. 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 Versus Counsel for Applicant(s) : Ajay Vikram, Bajrang Bahadur Singh, Hari Om Singh Counsel for Opposite Party(s) : G.A., Ramakar Shukla Ankur Kori .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko .....Opposite Party(s) bail. Learned A.G.A. as well as learned counsel for the complainant have opposed the prayer for bail of the applicant and submitted that the suspicion has been raised by the complainant and his wife, which is corroborated by the CDR location of the applicant. It is submitted that there are 17 ante-mortem injuries found on the person of the deceased. The cause of death is throttling. On due consideration to the submissions advanced, perusal of the record, the re-statement of the complainant and his wife, the post-mortem report so also the fact that the case is of circumstantial evidence; the chain of circumstance appears to be incomplete; the applicant has no criminal history; he is languishing in jail since 12.1.2024; it has been submitted at the bar that the prosecution witnesses viz., PW-1 and PW-2 have been examined before the trial court 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- Ankur Kori involved in Case Crime No. 11 of 2024, under Sections 302, 376 IPC, Police Station- Kotwali Dehat, 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 BAIL No. 8920 of 2024 2 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 1, 2025 Shravan BAIL No. 8920 of 2024 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench