Neutral Citation No. - 2025:AHC-LKO:49141 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11782 of 2024 Applicant :- Vajhul Kamar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt., Lucknow Counsel for Applicant :- Hom Narayan Awasthi,Faiz Ahmad Khan Counsel for Opposite Party :- G.A.,Avinash Singh Hon'ble Karunesh Singh Pawar,J. Counter affidavit filed today is taken on record. Heard learned counsel for the applicant, learned counsel for the complainant and learned A.G.A. for the State as well as perused the record. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.125 of 2024, under Sections 302, 460, 401, 404 I.P.C., P.S. Khairighat, District Bahraich. In the prosecution case it is alleged that cousin father-in-law of the informant has been done to death by unknown persons on 21.02.2024. Learned counsel for the applicant submits that it is a case of circumstantial evidence. No one has seen the incident. Against the applicant there is no evidence except the confessional statement of the applicant himself that too is not linked with the recovery. Earlier, charge-sheet was filed against two other persons but not against the applicant. On that further investigation was ordered. In the further investigation, the earlier two persons against whom charge-sheet was filed have been absolved even the independent witnesses in the earlier investigation have not been taken note by the Investigating Officer. Applicant has simply been made accused without there being any evidence. He submits that the applicant is in jail since 20.06.2024. Learned A.G.A. as well as learned counsel for the complainant have opposed the bail prayer. Learned counsel for the complainant submits that for the purpose of committing loot the offence has been committed by co-accused Saleem with the aid of the applicant. SIM number of the co-accused Saleem was used in the mobile set of the deceased to which co-accused Saleem could not given any explanation and in his confessional statement name of the applicant has surfaced. He submits that during further investigation, entire procedure has been followed and complicity of the earlier named accused persons was not found however, he does not dispute the fact that there is no recovery from this applicant. Perused the record. A perusal of the post mortem report shows that cause of death is asphyxia as a result of ante mortem strangulation. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 20.06.2024, there is no recovery from the applicant, case is of circumstantial evidence, except the confessional statement of the applicant there appears to be no material with the prosecution against the applicant, charge-sheet has been filed, role of the applicant is distinct than that of co-accused Saleem and 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. Accordingly, the bail application is allowed. Let the applicant Vajhul Kamar 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 Panel Code (now Section 269 of BNS). (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. (now Section 84 BNSS) 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 Panel Code (now Section 209 BNS). Order Date :- 21.8.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench