HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 5375 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.50 of 2025 under section 103(1) BNS and under section 4/25 Arms Act, P.S. Itiyathok, District Gonda. 3. In terms of the FIR, It was alleged that the daughter of the informant aged about 22 years had gone out of home towards agricultural field to ease herself and subsequently her body was found in a dead condition. No one was named in the FIR. Subsequently, on the basis of statement of the informant that he suspects that the applicant had enticed the daughter and had killed her, the applicant was linked with the offence in question. The cause of death, as per the postmortem, is haemorrhage due to ante-mortem injuries, which is a injury on the lower neck. 4. The submission of the counsel for the applicant is that solely based upon the suspicion expressed, no material exists to link the applicant with the offence in question. The recovery of knife was done after four days of the alleged incident and that too not in the presence of any independent witnesses. 5. Learned AGA opposes the bail application by arguing that the applicant was on telephone contact with the deceased and even on the date of incident, he talked with the deceased, thus, based upon the CDR analysis, the applicant was linked. The confessional statement of the applicant was also Versus Counsel for Applicant(s) : Rakesh Kumar Saini Counsel for Opposite Party(s) : G.A. Vinod Kumar Yadav .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) recorded. 6. Considering the evidence to link the applicant, apart from being suspicion, is prima-facie, a weak, the recovery is not in the presence of any independent witnesses, as such, the applicant who is in custody since 12.03.2025 and has no criminal history is entitled to bail. Thus the bail application is allowed. 7. Let the applicant Vinod Kumar Yadav 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. December 2, 2025 VNP/- BAIL No. 5375 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench