HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 354 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. The accused-applicant seeks bail in FIR/Case Crime No.315 of 2024 under sections 70(1), 238, 3(5), 103(1) of the BNS, section 5/6 POCSO Act and section 3(2)(v) SC/ST Act, P.S. Kadipur, District Sultanpur. 3. In terms of the FIR, it was alleged that on 11.07.2024, the daughter of the informant was taken to the home of the applicant which was informed by the other daughter of the informant. Subsequently, the body of the daughter was found one kilometre south of the home of the informant. It was apprehended that the applicant had committed wrong and had killed her. 4. In the light of the said allegations, the counsel for the applicant draws my attention to the postmortem report which indicates the presence of four injuries on the forehead, left eye, right eye and on the palms. The cause of death was ascertained as ante-mortem drowning. He also draws my attention to the subsequent statement of the informant wherein the allegations were levelled against the co-accused who was a neighbour. The applicant is in custody since 15.07.2024 and has no criminal history except two cases which are minor in nature and in one of the case, the applicant has been acquitted and in the other case, he is on bail. Versus Counsel for Applicant(s) : Suyesh Pradhan, Abhishek Kumar Pandey Counsel for Opposite Party(s) : G.A., Shobh Nath Pandey Vikas Pandey .....Applicant(s) State Of U.P. Thru. Secy. Deptt. Home Lko. And 3 Others .....Opposite Party(s) 5. Considering the fact that there are no eye witness to the incident and the allegations against the applicant are based upon apprehension and the cause of death, as per the postmortem report, is ante-mortem drowning, as such, the applicant who is in custody since 15.07.2024 is entitled for the bail more so when prima-facie POCSO is not made out as the age of the deceased has been shown as around 18 years, further there is nothing on record to demonstrate that the applicant if enlarged on bail can have any adverse affect on the trial. Thus the bail application is allowed. 5. Thus the bail application is allowed. 5. Let the applicant Vikas Pandey be released on bail in aforesaid FIR/Case Crime Number subject to his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned 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. October 30, 2025 VNP/- BAIL No. 354 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench