HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 6015 of 2023 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Supplementary affidavit filed by learned counsel for the applicant is taken on record. 2. Heard learned counsel for the applicant, Shri Piyush Asthana, learned counsel for the informant, learned AGA for the State and perused the record. 3. The applicant seeks enlargement on bail in FIR No.391 of 2022, under Sections 302, 392, 411 IPC, P.S.- Para, District- Lucknow. 4. It has been alleged that the information was received that the sister of the mother-in-law of the informant had died. The apprehension was expressed that some unknown person had committed the murder. No one was named in the FIR. Subsequently, based upon the further statements, applicant was linked with the offence in question. The post-mortem report indicates the cause of death as ante-mortem smothering. One of the witnesses in his statement has expressed that as, the deceased lady no issues, the applicant had motive to commit the offence. Based upon the said apprehension, the applicant was linked with the offence in question. The co-accused has already been enlarged on bail. 5. Learned AGA and learned counsel for the informant have opposed the bail application by arguing that the applicant was delaying the trial and was not cross-examining the witnesses. However, now four out of nine witnesses have been examined. They have also stated that the applicant Versus Counsel for Applicant(s) : Sushil Kumar Singh, Om Prakash Yadav Counsel for Opposite Party(s) : G.A., Piyush Asthana Awdesh Yadav .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home .....Opposite Party(s) has criminal history of two cases and after being enlarged on bail in the offence under Section 302 IPC, he committed the same offence within one year of being released. 6. Considering the material on record and the statement at Bar, the fact remains that the four witnesses have been examined and the applicant continues to be in custody since 24.01.2022. The material to link the applicant with the offence is prima facie weak as such the applicant whose criminal history has been very well explained and has suffered pre- trial detention of more than three years, is entitled to be enlarged on bail. In view thereof, the application is allowed. 7. Let the applicant Awdesh Yadav be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.20,000/- 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 she 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 24, 2025 V. Sinha BAIL No. 6015 of 2023 2 (Pankaj Bhatia,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench