HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 5243 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. (IA No. 02 of 2025) Heard, learned counsel for the parties. The short term bail application has been filed seeking bail on the ground of marriage of the brother of the applicant. As I am inclined to hear the bail application itself, the said application for interim bail is rejected. (Order on main bail application.) 1. Heard learned counsel for the applicant, learned AGA for the State and Shri Dharmendra Kumar Gupta, learned counsel for informant. 2. The applicant seeks enlargement on bail in Case Crime/FIR No.106 of 2024, under Sections 364, 302 of IPC, Police Station - Udaipur, District - Pratapgarh. 3. The FIR in question was lodged alleging that a few days ago the dispute occurred between the son of the informant and the applicant and another person. Subsequently, the applicant along with the co-accused, who had the motorcycle, taken away the son of the informant and later on, he was found dead with a use of sharp weapon and apprehension was expressed that applicant might have committed the offence in question. Subsequently, based upon the confessional statement and recovery from both the accused including the applicant, the applicant was arrested. Though, the recovery is not in presence of independent witnesses. Versus Counsel for Applicant(s) : Sheo Prakash Singh, Pradeep Rai Counsel for Opposite Party(s) : G.A., Dharmendra Kumar Gupta Vishal Saroj .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) 4. In the light of aforesaid, learned counsel for the applicant states that the applicant is in custody since 17.06.2024 and has no criminal history. It is further stated that two of the witnesses have already been examined. 5. Per contra, learned counsel for the informant and learned AGA opposed the bail application by arguing that a murder was committed. My attention is also drawn to the witness of Call Detailed Report wherein it was stated that on account of a dispute arising out of the applicant and the victim talking together, the offence in question was committed. 6. It is not disputed that the applicant has no criminal history. 7. Considering the submissions made at the bar, prima facie, the applicant is being implicated with the offence based upon the mention in the FIR, the recovery, the confessional statement as well as the CDR records. The applicant is in custody since 17.06.2024 and pre-trial detention suffered by the applicant for more than one and half years and the applicant has no criminal history, I am inclined to grant bail to the applicant as, prima facie, material to suggest that the applicant will misuse the bail does not exist. In view thereof, the application is allowed. 8. Let the applicant- Vishal Saroj be released on bail in aforesaid FIR/Case Crime Number subject to his furnishing a personal bond and two reliable sureties of Rs. 20,000/- (Twenty Thousand) each of the like amount with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (c) 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 November 6, 2025 Mohit Singh/- BAIL No. 5243 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench