Neutral Citation No. - 2025:AHC-LKO:27676 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13895 of 2023 Applicant :- Kamlesh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko Counsel for Applicant :- Afzal Hasan,Garima Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Ms. Garima Singh, learned counsel for the applicant, Shri Jayant Singh Tomar, learned A.G.A.-I for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.143 of 2023 under Sections 363, 302, 201 of IPC registered at Police Station- Khairighat, District- Bahraich. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 30.04.2023 against the applicant and his brother Jagdish stating that the informant's daughter aged 17 years had gone missing in the intervening night of 25/26.04.2023 and he stated that the accused persons had enticed her away; they had killed her and thrown the dead body in a pond because of an old animosity. The dead body was recovered in a mutilated condition from the pond in the morning of 30.04.2023 4. The postmortem examination report mentions 13 injuries on the dead body and the cause of death has been opined to be Asphyxia due to shock and hemorrhage due to antemortem injuries. 5. During investigation, the applicant, his wife, son and some other persons stated that there was a property dispute between the informant and the applicant and they believed that the applicant had committed the offence due to the aforesaid animosity. 6. In the affidavit filed in support of the bail application, it has been stated that the applicant is a 40 years old innocent man having no criminal history and he has been falsely implicated in the present case and he is languishing in jail since 01.05.2023. 7. The State has filed a counter affidavit annexing therewith the material collected during investigation and a copy of charge- sheet submitted against the applicant. The allegations against the applicant's brother could not be established during investigation. 8. The trial Court has examined two witnesses Ram Sahare Lodh and Sukhrani Devi as PW-1 and PW-2 respectively and copies of their statements have been brought on record alongwith the supplementary affidavit. Both the aforesaid persons have stated that there was an old property dispute between the parties and they believed that the applicant and his brother Jagdish had killed the informant's daughter due to the aforesaid reason. 9. In their cross-examination, they categorically stated that they had not witnessed the incident. 10. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that although the two prosecution witnesses have already been examined by the trial Court but they have stated that they have have not witnessed the incident and the applicant has been implicated merely because of an old property dispute between him and the informant coupled with the fact that the applicant has no criminal history and he is languishing in jail since 01.05.2023 whereas the investigation already stands concluded, 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 case. 11. Accordingly, this bail application stands allowed. 12. Let the applicant- Kamlesh 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 applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial Court, unless his/her appearance exempted by the trial Court. . [Subhash Vidyarthi, J.] Order Date :- 12.5.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench