Neutral Citation No. - 2025:AHC-LKO:18100 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11757 of 2024 Applicant :- Premlal And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lucknow Counsel for Applicant :- Ajeet Kumar Singh Counsel for Opposite Party :- G.A.,Arjun Singh Somvanshi,Digvijay Singh,Dr. Pooja Singh Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Ajeet Kumar Singh, the learned counsel for the applicants, Sri Ashok Srivastava, the learned AGA for the State, Dr. Pooja Singh, the learned for the informant and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 80/2024, under Sections 364, 302 & 201 IPC, Police Station Bilgram, District Hardoi. 3.The aforesaid case has been registered on the basis of an F.I.R. lodged on 15.02.2024 against five persons, including the applicant, stating that the informant's father had gone missing on 10.12.2023. There was a property dispute going on between the informant's family and the named accused persons for which reason they had abducted and killed the informant's father. Initially this information was given by the informant on 12.12.2023 and the FIR was lodged on 15.07.2024. The delay occurred because there was some dispute regarding territorial jurisdiction of the police station where the FIR was required to be lodged. 4. On 13.12.2023, Mahendra, another son of the deceased, gave an application to the police stating that a net was put in river Ganga and a human forearm was found therein. Upon receipt of this information, police reached the spot. Inquest proceedings were carried out which were witnessed by the informant and his brother Mahendra besides three other persons. Again on 18.12.2023, one Bhola Singh, who had employed the deceased to look after his fields, gave information to the police that a right human foot was found in a net placed in river Ganga. Inquest proceedings conducted on this information were witnessed by Bhola Singh, Virendra (informant) and Mahendra (another son of the deceased). Yet again, the informant gave an information to the police on 24.01.2024 that head of his father was recovered from sand at the bank of river Ganga in a place falling in police station Bilgram. The inquest proceedings were witnessed by the informant Virendra. It is recorded in the inquest report that face of the head was not recognizable. In the additional statement of the informant recorded by the Investigating Officer, he stated that his father used to work for Bhola Singh. Bhola Singh owns vast chunks of land. The accused persons have some land disputes with Bhola Singh. The deceased used to accompany Bhola Singh. The informant suspected that the accused persons would have killed his father for the aforesaid reason. 5. In the affidavit filed in support of the bail application, it has been stated that the applicants are innocent, they have been falsely implicated in the present case and they have no criminal history. 6. The State has filed a counter affidavit annexing therewith copies of the material collected during investigation as well as a copy of the charge sheet dated 07.10.2024. The remains recovered have been identified as belonging to father of the informant. A copy of the call detail record of applicant no. 1 has been annexed with the counter affidavit filed by the State. As per which location of the mobile of applicant no. 1 was found in Maura, Bilgram, Hardoi which is near the place of incident. 7. The informant has also filed a counter affidavit annexing therewith copies of post mortem report, DNA examination reports and a copy of the relevant extracts of case diary where the observations regarding call detail record have been recorded, as per which the mobile location of the applicant o. 2 has also found near the place of incident. 8. The applicants have filed a rejoinder affidavit which is taken on record. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that there is no eye witness of the incident; that the informant has stated in his additional statement that he suspects that the accused persons have killed his father; the reason for suspicion is said to be that the accused persons have some property dispute with one Bhola Singh and the deceased was employed by Bhola Singh; that there is no animosity between the accused persons and the deceased; that the mobile location of the applicants having been found in the village, cannot be said to he unnatural as the applicants are residents of adjacent villages and without making any observation which may affect the outcome of the trial, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 10. Accordingly, this bail application stands allowed. 11. Let the applicants-Premlal and Rishi Kumar be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:- (i) the applicants shall not tamper with the prosecution evidence; (ii) the applicants shall not pressurize the prosecution witnesses; (iii) the applicants shall appear on each and every date fixed by the trial court. . [Subhash Vidyarthi, J.] Order Date :- 1.4.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench