HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8232 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 and perused the record. 2.It is alleged in the prosecution case that the daughter of the informant Komal Singh (deceased) was got married with present applicant two years before. Due to demand of dowry, the in-laws of the informant used to harass her. It is alleged that on 12.3.2024, an information regarding run away of his daughter was received via mobile number of his elder daughter from the in-laws house of his daughter. Due to harassment, the informant's daughter has been killed and her body has been thrown into Ghaghra river. 3.Learned counsel for the applicant submits that the applicant is innocent. The dead body of the deceased has been found in Ghaghra river and not in the home of the accused applicant. There is no eye witness to the incident. The case is of circumstantial evidence. The applicant has no obligation to give explanation as to why body of the deceased was found in Ghaghra river. Three witnesses of fact, i.e. P.W.1, P.W.2 and P.W.3 have turned hostile and have not supported the prosecution case. There is no chance of tampering the prosecution evidence. The applicant has no previous criminal history. The applicant is in jail since 16.3.2024. It is further submitted that there is no possibility of the applicant of Versus Counsel for Applicant(s) : Ram Krishna Pratap Singh, Shubhangi Singh Counsel for Opposite Party(s) : G.A. Harikesh @ Harikesh Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy./Addl. Chief Secy. Home Lko. .....Opposite Party(s) fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. 4.Learned A.G.A. opposed the prayer for bail and submitted that the vehicle used in transporting the dead body is owned by the applicant. The applicant is the husband. This is a brutal murder. The bail is liable to be rejected. 5.Considering the facts and circumstances of the case, the fact that the applicant has no criminal history, case is of circumstantial evidence, three fact witnesses have been examined, there appears to be no chance of tampering the prosecution evidence, judgment of Supreme Court in Javed Gulam Nabi Shaikh versus State of Maharashtra and another 2024 SCC OnLine SC 1693, arguments advanced by learned counsel for the parties, the period for which the applicant is in jail and without expressing any opinion on the merit of the case, I find it to be a fit case for enlarging the applicant on bail. 6.Let the applicant Harikesh alias Harikesh Singh, involved in Case Crime No.0088 of 2024 under sections 498A, 304B, 201 I.P.C., 3/4 D.P. Act, P.S. Paraspur, district Gonda 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 trial court to treat it as abuse of liberty of bail and pass orders in BAIL No. 8232 of 2025 2 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 I.P.C. (now 269 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 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 I.P.C. (now 209 BNS). 7.The application is allowed accordingly. September 24, 2025 kkb/ BAIL No. 8232 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench