Neutral Citation No. - 2025:AHC-LKO:46810 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7359 of 2025 Applicant :- Dinesh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Aman Kumar Shrivastav Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.78 of 2025, under Sections 115(2), 103(1), 238 BNS, P.S. Bhira, District Lakhimpur Kheri. In the prosecution case it is alleged that an application is said to have been given by one Shanti Devi regarding death of her sister aged about 15 years with request to conduct the post mortem. The F.I.R. in this case appears to have been lodged by S.I. Anil Kumar Yadav who is also the Investigating Officer. The post mortem of the deceased was conducted. Cause of death is asphyxia as a result of ante mortem strangulation. It is alleged that deceased was residing with her sister who is the wife of the present applicant for the last ten years after death of her father. It is alleged that on 20.02.2025 at about 07:30 pm on a trivial dispute applicant has beaten his wife by danda and also beaten deceased. The wife of the applicant took shelter in a house of a blacksmith whereas the deceased ran towards sugarcane filed of Prithvi who was chased by the applicant and near the pond she was murdered by strangulating her. Learned counsel for applicant submits that it is a case of no evidence. The case is of circumstantial evidence. There is no eye witness to the incident. There is no recovery from the applicant. Applicant has drawn attention of the court towards the G.D. entry wherein the application was given by his wife. In that application there is no allegation or even suspicion against the applicant. He submits that in the F.I.R it is alleged that his wife was beaten however, there is no medical examination of the wife of the applicant has been conducted by the Investigating Officer. It is a case of pure false implication. Applicant has no criminal history. He submits that the applicant is in jail since 23.02.2025. Learned A.G.A. has opposed the bail prayer On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 23.02.2025 having no criminal history, lack of corroborative medical evidence, the injured has not been medically examined, charge-sheet has been filed 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 Dinesh 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 :- 11.8.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench