HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 14950 of 2023 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA, Sri Ram Singh, learned counsel for the informant and perused the record. 2. The applicant seeks enlargement on bail in FIR No.0154 of 2023, under Sections 302, 201, 34 IPC, P.S. Jamo, District Amethi. 3. In terms of the FIR, it was alleged that son of the informant aged about four years was playing at home and did not return back. Subsequently, an information was received that the body was lying near a pond and was found dead. No one was named in the F.I.R. Subsequently, it was revealed that Jitendra Prajapati was married twice and the child was born out of the wedlock with the first wife and subsequently he again performed second marriage with Renu and as she was not able to conceive for which he met the applicant who is running some occult practices (ojha) and he suggested to take certain medicines because of which she was able to conceive. A statement was given that when the co- accused along with his wife Renu went again to the applicant, he advised him to do a human sacrifice for the well being of the child in womb and in pursuance of the advice, and with his aid, the step son was done to death. This statement was recorded in the confessional statement by the co-accused Prema Devi, the mother of the step mother of the deceased child. In light of the said Versus Counsel for Applicant(s) : Lalit Mohan Joshi Counsel for Opposite Party(s) : G.A., Ram Singh Dayaram Yadav .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Home Lko .....Opposite Party(s) allegations, the submission of learned counsel for the applicant is that the applicant was linked with the offence in question solely based upon the statement of co-accused even the C.D.R. record of the applicant could not reveal his presence at the spot where the body was found. It is further argued that the applicant is in custody since 14.06.2023 and has no criminal antecedent, Hence the applicant may be enlarged on bail. 4. Learned A.G.A. and learned counsel for the informant have strongly opposed the bail application by arguing that bail of the co- accused Smt Prema Devi, the mother of the step mother of the child has been rejected by this Court vide order dated 18.04.2025. It is further argued that it is aid and advise of the applicant that the offence in question was committed and considering the nature of offence, the bail application should be rejected. The report of the trial court indicates that as many as eight prosecution witnesses have been examined out of twenty two. 5. On the basis of material on record, prima facie, a very heinous offence has been committed against the deceased. The nature of injuries which include burn injuries on various parts of the deceased clearly indicate that a very gory offence was committed against the victim, however, considering the material, against the applicant, is the alleged advice given by him and the statement of the co-accused. As the said evidence are prima facie weak and the fact that eight prosecution witnesses, out of twenty two, have been examined and there is no likelihood of the trial being concluded in near future coupled with the fact that the applicant is in custody since 14.06.2023 and is aged about 70 years having no criminal antecedent, the applicant is entitled to be released on bail. The application is allowed. 6. Let the applicant Dayaram Yadav be released on bail in aforesaid FIR number on her furnishing a personal bond with two sureties to the satisfaction of court concerned with the following conditions: (a) The applicant shall execute a bond to undertake to attend the BAIL No. 14950 of 2023 2 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 3, 2025 Renu/- BAIL No. 14950 of 2023 3 (Pankaj Bhatia,J.) Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench