1 Neutral Citation No. - 2025:AHC-LKO:24946 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12626 of 2024 Applicant :- Wazid @ Mudssim Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko And 3 Others Counsel for Applicant :- Gyan Singh,Shyam Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Gyan Singh, the learned counsel for the applicant and Sri Arvind Kumar Pandey, the 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. 237 of 2023, under Sections 201, 302, 363, 366, 376 (D), 377 of I.P.C. Section 5 (g), 6 Protection of Children from Sexual Offences Act and Section 3(1) Da, 3(1) Dha, 3(2) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Amendment, 2015), Police Station-Fatanpur, District Pratapgarh. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 13.10.2023 alleging that the informant's daughter aged 17 years had gone away somewhere at about 7.00 p.m. on 12.10.2023. 4. Nothing has been stated in the affidavit filed in support of the bail application regarding recovery of the dead body, preparation of inquest report etc. and merely a post-mortem examination report has been annexed, which mentions a lacerated wound on right eye, right eye ball was missing, contused swelling 2 was present over right side of face, there was contusion over right side of neck, labia majora was swollen, vagina was lacerated and Anus was lacerated. The cause of death has been opined to be asphyxia due to ante-mortem strangulation. 5. The learned A.G.A. for the State has filed a counter affidavit annexing therewith copy of the material collected during investigation and has opposed the bail application and has submitted that the information of the present application has been delivered to the informant through police. He has further submitted that the allegations have been established during investigation and charge-sheet has been submitted against the applicant. 6. The relevant extract of the Case-Diary annexed with the counter affidavit indicates numerous telephonic conversation with the deceased and the applicant, although the last conversation was made with co-accused Roop Chandra. 7. A supplementary counter affidavit has been filed on behalf of the State annexing therewith a copy of the Forensic Science Report, which mentions that male specific Allele was present on vaginal swab and vaginal smear slide, anal swab and anal smear slide and the undergarments and Paijamas of the victim. However, as partial D.N.A. profile was generated, no opinion could be given regarding matching of the specimen with any particular accused persons. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the nature of injuries inflicted upon the deceased coupled with the fact that the deceased had numerous conversation with the applicant, I am of the view that the facts of 3 the present case do not exercise warrant of discretion of this Court by releasing the applicant on bail. 9. The bail application is, accordingly, rejected. Order Date :- 30.4.2025 Arvind [Subhash Vidyarthi,J.] Digitally signed by :- ARVIND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench