Neutral Citation No. - 2025:AHC-LKO:25530 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12689 of 2024 Applicant :- Chaman Singh Opposite Party :- State Of U.P. Thru. Secy. Home Lko. Counsel for Applicant :- Arjun Singh Somvanshi Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Ajeet Kumar Singh, learned counsel for the applicant, Ms. Nikita Mishra, learned A.G.A. 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.266 of 2024, under Sections 103 (1) B.N.S., registered at Police Station Harpalpur, District Hardoi. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged at 13.40 Hrs. on 07.09.2024 against one Chaman and two unknown persons alleging that the accused persons had taken away the informant's son at about 9.00 p.m. on 05.09.2024 from his house. When his son did not come back he made enquiries, upon which he came to know that the accused persons had killed his son by drowning him in a pond. 4. In the affidavit filed in support of bail application it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. 5. The inquest report which that the police got the information about a body lying in a pond, whereupon the information was spread in nearby areas. Several persons came there, including the informant and the informant identified the dead body as of his son. The informant was one of the witnesses of the inquest proceedings. A bottle of liquor was recovered from the pocket of clothes worn by the deceased. All the witnesses opined that the deceased had died due to drowning. The postmortem examination report does not mention any injury on any part of the body and the cause of death has been opined to be drowning. 6. During investigating one Ramesh, uncle of the deceased stated that he was lying in front of his house in the night of 05.09.2024 and he had seen the applicant and co-accused Inspector Singh Yadav and they had taken his nephew in an eco car. It has also been submitted on behalf of the applicant that the co-accused Inspector Singh Yadav has already been enlarged on bail by this court by means of an order dated 18.03.2025, passed in Criminal Misc. Bail Application No.11618 of 2024. 7. The State has filed a counter affidavit annexing therewith copies of relevant materials collected during investigation and a copy of charge sheet dated 23.09.2024. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the informant had witnessed the inquest proceedings during which he did not state that his son had been taken away by any person; although in the F.I.R. lodged two days' after the incident the informant had alleged that his son was drowned forcibly, no sign of use of force has been found on the dead body in the postmortem examination report; that the applicant has no previous criminal history and he is languishing in jail since 21.09.2024, whereas the investigation already stands concluded and the co-accused has already been enlarged on bail by this court and without making any observation, which may affect the merits of the case, 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. 9. Accordingly, this bail application stands allowed. 10. Let the applicant-Chaman Singh be released on bail in the aforesaid 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 appearance is exempted by the learned trial court. (Subhash Vidyarthi, J.) Order Date :- 2.5.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench