HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8827 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard Sri Rishabh Srivastava, learned counsel for the applicant, learned AGA for the State and perused the record. 2. In the prosecution case, it is alleged that the dead body of the informant's brother Raju @ Rauf aged about 40 years has been found in the bushes who was having head injury. It is suspected that somebody has committed his murder. He was a drunkard. 3. Learned counsel for the applicant submits that except the confessional statement of the co-accused Ansar Ahmad and false recovery of a knife to which there is no independent witness, there is no other material in the prosecution case against the applicant. The case is of circumstantial evidence. Applicant has no criminal history. Role assigned to the applicant is carrying knife however, no active role in committing the murder of the deceased has been assigned to the applicant even in the confessional statement of the co-accused. Another co-accused Mahroof has been granted bail by this Court vide order dated 09.09.2025 passed in Criminal Misc. Bail Application No.8598 of 2025 to which applicant seeks parity. Applicant has no criminal history. The applicant is languishing in jail since 23.6.2025. 4. Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. 5. On due consideration to the submissions advanced, perusal of the record, the post-mortem report so also the fact that there is no eye-witness account Versus Counsel for Applicant(s) : Rishabh Srivastava, Satendra Kumar Mishra Counsel for Opposite Party(s) : G.A. Vakeel Yadav .....Applicant(s) State Of U.P Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) in this case; the case is of circumstantial evidence; the chain of circumstance does not appear to be complete; bail order of co-accused Maroof (supra) to which applicant seeks parity coupled with the fact that the applicant has no criminal history; he is languishing in jail since 23.6.2025; charge-sheet in the case has been filed 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. 6. Accordingly, the bail application is allowed. 7. Let the applicant- Vakeel Yadav involved in Case Crime No. 148 of 2025, under Sections 103(1), 238, 61(2)A, 3(5) of B.N.S. and Sections 4/25 Arms Act, Police Station- Kotwali Nagar, District- Balrampur, 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 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 15, 2025 Saurabh Yadav/- BAIL No. 8827 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench