HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10196 of 2024 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. Heard Shri Ayush Pratap Singh, 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 on 25.5.2024 at about 07.00 am, the informant on his personal vehicle along with the driver Ravi went to Golf Club field to play golf and returned at about 09.30 am. Then he found the gate of his house was slightly open. Thereafter, he found his wife lying at the floor of the dressing room. Her throat was tied with dupatta and she was in a dead state. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. The case is of circumstantial evidence. Nothing has been recovered from the applicant. There is no eye-witness to the alleged incident. Only on the basis of the confessional statement of the co-accused Akhilesh, the applicant has been implicated in this case. The recovery has been made from the co-accused Akhilesh and not from the present applicant. As per the post-mortem report, the cause of death is asphyxia as a result of ante-mortem strangulation. He submits that PW-1 and PW-2 have been examined before the trial court. The Versus Counsel for Applicant(s) : Anshuman Singh, Anand Dubey, Ayush Pratap Singh, Jitesh Singh @ J.K.Chaudhary, Prateek Yadav, Sanat Singh, Sudhir Kumar, Suhail Kashif Counsel for Opposite Party(s) : G.A., Abdul Shadab Khan, Paresh Mishra, Rajiv Kumar Bajpai Ravi Yadav .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko .....Opposite Party(s) examination in chief of PW-3 is over and his cross examination is going on. It is further submitted that the applicant has no criminal history and he is languishing in jail since 28.5.2024. 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 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 49 articles have been recovered from the co-accused Akhilesh and in his confessional statement, the applicant's name has surfaced. The offence is serious in nature. On due consideration to the submissions advanced, perusal of the record, the post-mortem report so also the fact that PW-1 and PW-2 have been examined before the trial court; the cross examination of PW-3 is going on; no fact witness is left to be examined; the case is of circumstantial evidence; there appears to be no chance of tampering the prosecution evidence; the applicant has no criminal history; he is languishing in jail since 28.5.2024 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- Ravi Yadav involved in Case Crime No. 221 of 2024, under Sections 302, 394, 120-B I.P.C., Police Station- Gazipur, District- Lucknow, 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. BAIL No. 10196 of 2024 2 (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 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. August 25, 2025 Shravan BAIL No. 10196 of 2024 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench