Neutral Citation No. - 2025:AHC:52302 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6106 of 2025 Applicant :- Harishchandra Saroj Opposite Party :- State of U.P. Counsel for Applicant :- Anand Kumar,Vinod Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Vinod Kumar Yadav, learned counsel for the applicant, Sri V.D. Ojha, learned counsel for the State and perused the material on records. 3. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Harishchandra Saroj seeking enlargement on bail during trial in connection with Case Crime No. 29 of 2024, under Sections 302, 201, 34 I.P.C., Police Station Lalapur, District Prayagraj. 4. The first information report of the present matter was lodged on 05.05.2024 by Sri Gyanchandra Saroj @ Nanka against Moolchandra Saroj and Harischandra Saroj alleging therein that he was having a love affair with Maya Devi, his neighbour, who is daughter of Moolchandra Saroj and wanted to marry her. The family members of Maya Devi were against the said relation and had threatened her that on any count, they would not get the marriage solemnized and would murder her. On 04.05.2024, on a phone call with Maya Devi, she told him that the accused persons are taking her somewhere for getting papers of marriage prepared and has stated that after the same, they would get her married with the informant. On 04.05.2024 at about 5:00 p.m., he saw the deceased going with accused persons on a motorcycle, after which, he tried to contact her on phone but her mobile phone was switched off. On 05.05.2024, he came to know that a dead body of a lady is lying near a pond, he went there and identified it to be that of Maya Devi. It is further alleged that the accused person, who are father and elder brother of father of the deceased, have murdered her and in order to conceal it, they have thrown the dead body. 5. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is further submitted that the applicant is the elder brother of the father of the deceased. It is submitted that the applicant has no motive to commit the aforesaid offence. It is further submitted that deceased went from the house and was murdered by some one of which there is no eye witness. It is further submitted that there is no credible evidence against the applicant. It is further submitted that the applicant has no criminal history as stated in para 18 of the affidavit and is in jail since 06.05.2024. 6. Per contra, learned counsel for the State opposed the prayer for bail and submitted that the deceased was in a love affair with the informant and wanted to marry him but the accused persons had objected to it and threatened her. It is further submitted that the deceased was found to have received a ligature mark on her body and 9 other injuries. The post mortem report further goes to show that under the scalp Hematoma was present and there were extensive fractures on the parietal and occipital region and the brain was also lacerated. It is further submitted that trachea was found to be fractured. It is further submitted that the deceased was also found to be pregnant and cause of death was opined as hemorrhagic shock due to ante-mortem head injury. It is further submitted that the post mortem examination of the deceased was conducted on 07.05.2024 wherein doctor opined that time since death to be two and half days which corroborates with the date and time of the incident as per the F.I.R. It it is submitted that the present case is the case of honour killing. Hence, the bail application be rejected. 7. After having heard learned counsel for the parties and perusing the record, it is evident that the applicant is the elder brother of the father of the deceased. The deceased and informant were having love affair and wanted to marry each-other which was opposed by the family of the deceased. She was being taken by the accused persons from the motorcycle which was seen by the first informant after which she was not traceable but later on, on the next day the dead body was recovered having extensive injuries. No ground for bail is made out at this stage. 8. Accordingly, the present bail application is rejected at this stage. (Samit Gopal,J.) Order Date :- 9.4.2025 / Manoj Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad