HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8751 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA for the State, Shri Irfan Alam, learned counsel for the informant and perused the record. 2. The applicant seeks enlargement on bail in FIR No.28 of 2025, under sections 103(1), 3(5), 61(2) BNS, Sections 4/25 Arms Act, P.S. Maharajganj Tarai, District Balrampur. 3. Learned counsel for the applicant argues that in terms of FIR allegations were levelled against wife of deceased alleging that nephew of informant was married to accused namely Uma Devi however he was informed that the marriage was not working properly and subsequently the deceased had gone to attend a wedding at the matrimonial home and thereafter information was received that some unknown persons had killed him. Apprehension was expressed that wife of deceased was involved in killing of the deceased. Subsequently the statement was recorded wherein it was alleged that wife of deceased was having affair with the applicant and at the instance of wife applicant alongwith other accused had killed her. Cause of death as per post mortem report is ante Versus Counsel for Applicant(s) : Bal Keshwar Srivastava, Aniket Srivastav, Nishi Agarwal Counsel for Opposite Party(s) : G.A., Irfan Alam Jitendra Verma .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Affairs Lko. .....Opposite Party(s) mortem injuries which are 8 in number which include incise wound. Subsequently the applicant was linked with the offence based upon confessional statement and recovery at the instance and pointing out of the applicant which included the clothes of the deceased. In the light of the said allegations the submission of learned counsel for the applicant is that there are no eye witness to the incident. He argues that the recovery is not in the presence of independent witness and even the FSL report filed alongwith counter affidavit is not conclusive in so far as the analysis of the blood is concerned. He further argues that three of co accused have been enlarged on bail vide separate orders. 4. Learned counsel for the informant opposes the bail application by arguing that at the instance of the applicant and wife of the deceased the offence was committed and nature of injuries indicated on the body as well as the the recovery of weapons and clothes of the deceased points out the complicity of the applicant with the offence as such the bail application deserves to be rejected. 5. Considering the submissions made at the bar prima facie there are no eye witness to the incident. The material to link the applicant is confessional statement and call records wherein the wife of the deceased was talking to the applicant. The said evidence are prima facie weak. The FSL report also does not directly link the applicant. Considering the fact that the co accused with almost similar allegations are enlarged on bail including the wife of the deceased, however, without commenting upon the merits of the case, the applicant who is in jail since 3.5.2025 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. BAIL No. 8751 of 2025 2 6. Let the applicant Jitendra Verma 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 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 10, 2025 J. K. Dinkar BAIL No. 8751 of 2025 3 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench