HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12615 of 2024 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. None has appeared for respondent no.2. 2. The applicant seeks enlargement on bail in FIR No.293 of 2024, under Section 103(1), 238, 66, 70(2) BNS & Section 5g/6 of POCSO Act, P.S. Sandi, District Hardoi. 3. In terms of the FIR, allegations were levelled that daughter of the informant aged about 15 years had gone out of home and when she did not return, a search was made and her body without clothes were found in a bush. No one was named in the FIR. Postmortem report on record indicates the cause of death as antemortem strangulation and contusions were also found around the private part of the victim. Subsequently, statement of the informant was recorded wherein he expressed that he had suspected that the applicant might be involved with the offence in question. Based upon the said apprehension, the applicant was linked with the offence in question. Statement of one of the witnesses was also recorded wherein he stated that that on the said date, he had seen the two accused coming out of the place of occurrence in a disturbed condition. Based upon the statement and the suspicion expressed by the informant, the applicant was linked with the offence in question. FSL report on record is inconclusive with regard to the Versus Counsel for Applicant(s) : Amar Nath Dubey, Anil Kumar Yadav Counsel for Opposite Party(s) : G.A., Awadhesh Kumar Pal Vipin Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others .....Opposite Party(s) test of sample drawn from the applicant and the victim. 4. Learned AGA has opposed the bail application. 5. Considering the material on record, prima-facie, the applicant was linked with the offence in question based upon suspicion and the statement of the witness who had seen the applicant coming out of the place of occurrence. FSL report does not corroborate the allegation against the applicant. Statement of only one of the witness has been recorded so far out of total 26 witnesses. Although the allegation and the offence are serious and duly corroborated by the postmortem report, however, the evidence to link the applicant with the offence is prima-facie weak; FSL report also does not corroborate the allegation, as such, the applicant who has explained his criminal antecedents, is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Vipin Singh be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of the like amount each to the satisfaction of 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 3, 2025 nishant BAIL No. 12615 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench