Neutral Citation No. - 2025:AHC-LKO:34572 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10163 of 2024 Applicant :- Dinesh Pal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Arun Sinha,Ram Chandra Singh,Umang Agarwal Counsel for Opposite Party :- G.A.,Jaikaran Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A. for the State and perused the record. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.227 of 2024, under Sections 302, 201 I.P.C., P.S. Harchandpur, District Raebareli. In the prosecution case it is alleged that son of the complainant Amar Bahadur @ Aman aged about 17 years went with co- accused Himanshu Yadav and his two associates on his motor- cycle UP-33 BS 4386 on 14.06.2024 at about 05:00 pm however, he has not returned till late night thereafter, complainant along with others searched him on 15.06.2024 however, they did not find him. The complainant lodged missing report at P.S. Harchandpur, District Raebareli. Learned counsel for the applicant submits that case is of circumtantial evidence. Applicant is not named in the F.I.R. The deceased went missing on 14.06.2024 however, missing report against Himanshu Yadav was registered on 15.06.2024. The F.I.R. has been registered on 17.06.2024. On 18.06.2024 Himanshu Yadav was arrested and in the police custody Himanshu has taken the name of the applicant. On the basis of confessional statement of Himanshu and the recovery of danda, the applicant has been implicated in this case. There is no independent witness of the recovery. He submits that the applicant is in jail since 21.06.2024. Learned A.G.A. as well as learned counsel for the complainant have opposed the bail prayer. Learned A.G.A. submits that statement of vendor of the liquor shop has been recorded on 06.07.2024 who has stated that applicant along with Himanshu and co-accused have purchased liquor from his shop on 14.06.2024 at about 05:25 pm. Cause of death in the post mortem is head injury coupled with the contributory factor of neck injury. Learned counsel for the complainant has submitted that Ankul as well as one Kanti, the sister-in-law of the deceased has also given last seen evidence against the present applicant. Learned counsel for the applicant submits that these statements have been recorded on 27.06.2024 and 06.07.2024. He submits that statement of vendor is improbable as it is not possible for a person to remember exact time and date of each and every customer to visited his shop several days back. He submits that last seen evidence is not enough. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 21.06.2024, case is of circumstantial evidence and no independent witness of the recovery, 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 Pal 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 Penal Code. (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. 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 Penal Code. Order Date :- 4.6.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench