Neutral Citation No. - 2025:AHC-LKO:48574 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11710 of 2024 Applicant :- Om Shankar Dwivedi @ Avinash Dwivedi 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.,Nasreen Bano Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. In the prosecution case, it is alleged that on 26.6.2024 at about 10.00 am, the deceased left her house for Gorakhpur. She was having mobile number 7081802182. After 12 o'clock, her mobile was switched off. She was searched frantically by her family members. On 27.6.2024, a video was being circulated on the news social media regarding the body of an unknown lady found at Village- Chhachha, PS- Sangrampur. Thereafter, the FIR was lodged. Learned counsel for the applicant submits that the deceased was married. No one is named in the FIR. It is submitted that in the post-mortem report, the deceased is opined to have died within 2-3 hours. The deceased went missing on 26.6.2024. One last seen evidence has been given by Swaminath Maurya against the applicant. According to the statement of the said Swaminath Maurya recorded on 1.7.2024, he visited the police station on 27.6.2024 with the mother of the deceased. However, neither in the FIR nor before 1.7.2024, he has taken the name of the applicant. Moreover, the false recovery of .315 bore countrymade pistol along with empty cartridges has been made. There is no independent witness to the alleged recovery. It is further submitted that the applicant has explained the criminal history of one case in the bail application. He is languishing in jail since 3.7.2024. 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. has opposed the prayer for bail of the applicant and submitted that there is a call detail report as well as F.S.L. report against the applicant. To which, learned counsel for the applicant submits that in the call detail report, the location of the applicant is of Village Badgaon and not Chhachha where the body of the deceased has been found. The F.S.L. report does not corroborate the prosecution story. On due consideration to the submissions advanced, perusal of the record so also the fact that the case is of circumstantial evidence; as per the post-mortem report, the cause of death is firearm injury; prima facie, the chain of circumstance does not appear to be complete coupled with the fact that the applicant has duly explained the criminal history; he is languishing in jail since 3.7.2024; 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. Accordingly, the bail application is allowed. Accordingly, the bail application is allowed. Let the applicant- Om Shankar Dwivedi @ Avinash Dwivedi involved in Case Crime No. 127 of 2024, under Sections 302, 201 IPC & Section 3/5/25/27 Arms Act, Police Station- Sangrampur, District- Amethi, 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. Order Date :- 19.8.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench