HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8183 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J. 1. On a query being put, learned AGA submitted that he has complete instructions in the matter, as such, this Court proceeded to hear the application seeking bail on merits. 2. Heard Ms. Puja Sharma, learned Advocate holding brief of Sri Surya Narayan Mishra, learned counsel for the applicant, learned Additional Government Advocate for the State of U.P. and perused the record. 3. The present bail application has been filed by the applicant seeking bail in Case Crime No. 208/2025, under Sections 103(1)/238(a)/3(5) BNS, Police Station- Banthara, District-Lucknow. 4. The submissions of learned counsel for the applicant is that the applicant is innocent and has been falsely been implicated in the case. 5. It is also stated that co-accused namely Smt. Manju Devi has already been enlarged on bail by this Court vide order dated 07.11.2025 passed in Criminal Misc. Bail Application No.7146 of 2025. The relevant portion of the order dated 07.11.2025 reads as under:- "3. Learned counsel for the applicant submits that FIR in question was lodged by the applicant alleging that the husband of the informant/applicant was missing and the body was found in a pond. Subsequently, based on the investigation and the statement of the daughter of the applicant wherein she stated that the applicant used to meet the co- accused coupled with the call detail report, the informant had met with co-accused. It is also argued that the confessional statement of the applicant was also recorded after which the other evidences were collected. 4. Learned AGA has opposed the bail application. 5. Considering the postmortem report indicating anti-mortem injuries, including a head injury, and the evidences linking the applicant to the offence are prima facie weak, coupled with the fact that the applicant is in custody since 04.06.2025 and has no criminal antecedent, and charge-sheet has been filed as also there is nothing on record to establish that in case the applicant is enlarged on bail, there will be a threat to the trial, I am of the view that the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant- Smt. Manju Devi be released on bail in aforesaid FIR/Case Crime Number subject to his furnishing a personal bond and two reliable sureties of Rs. Versus Counsel for Applicant(s) : Surya Narayan Mishra Counsel for Opposite Party(s) : G.A. Sanjay Kashyap .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) 20,000/- (Twenty Thousand) each of the like amount with the following conditions: " 6. It is further stated that the applicant, having no criminal history, is in judicial custody since 11.07.2025. It is also submitted that there is no apprehension that after being released on bail, the applicant may flee from the course of law or may otherwise misuse the liberty of bail and the possibility of conclusion of trial in near future is extremely bleak. In these circumstances, the applicant is entitled to be released on bail. 7. Learned A.G.A. opposed the prayer for grant of bail but he could not dispute the above contentions made by the learned counsel for the accused-applicant. 8. Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties including which are related to allegations made in the FIR and keeping in mind the period of incarceration as also that co-accused has already been released on bail by this Court as also chance of conclusion of trial in near future and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail. 9. Let the applicant-Sanjay Kashyap, be released on bail in aforesaid Case Crime, on his furnishing personal bond to the satisfaction of the court concerned forthwith. Applicant is also directed to furnish two reliable sureties, out of which one shall be the family member of the accused-applicant, each of the like amount to the satisfaction of the court concerned subject to following conditions:- (i) The applicant shall cooperate with the prosecution during trial. (ii) The applicant shall not tamper with the evidence during trial. (iii) The applicant shall not pressurize/intimidate the prosecution witness(s). (iv) The applicant shall not commit an offence. (v) 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. (vi) The applicant shall remain present before the trial court on each date fixed, either personally or through counsel. (vii) The applicant shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. (viii) The applicant shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 Cr.P.C. 10. In case of default of above conditions, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law BAIL No. 8183 of 2025 2 11. As this order relates to enlargement of the applicant on bail, it is clarified that observation(s) made in this order shall have no bearing on the merits of the case and the trial court shall not be influenced by any observation(s) made in this order. 12. Application is disposed of. December 1, 2025 Jyoti/- BAIL No. 8183 of 2025 3 (Saurabh Lavania,J.) Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench