HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 11017 of 2025 Court No. - 67 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard Sri Pankaj Sharma, learned counsel for the applicants, Sri Azhar Hussain, learned counsel for the informant and Sri Rakesh Kumar Mishra, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to release the applicants on bail in Case Crime No.232 of 2024, under Sections- 302, 201 IPC, Police Station- Trans Yamuna, District- Agra, during the pendency of the trial. 3. Contention of learned counsel for the applicants is that as per the prosecution story deceased was missing since 16.07.2023, thereafter, missing report was filed to the police on 05.09.2023 and on the basis of suspicion police arrested the applicants and on their pointing out human skeleton was recovered on 11.05.2024, thereafter, FIR was lodged on 13.06.2024 and the allegation has been made against the applicant and co- accused for killing the deceased. In pursuance to the order of this Court dated 14.11.2025, DNA report regarding recovered skeleton of the deceased was produced by the learned AGA, which shows because of partial generation of DNA profile. The report shows the DNA of deceased does not match with his brother Kamlesh and his daughter Mansi, however, it transpires that skeleton belongs to a male . It is further submitted that as on date there is no material on record which can suggest that recovered skeleton belongs to the deceased even otherwise there is no evidence showing that the deceased was last in the company of the Versus Counsel for Applicant(s) : Pankaj Sharma, Prashant Sharma Counsel for Opposite Party(s) : Azhar Hussain, G.A. Sushil Kumar And Another .....Applicant(s) State of U.P. .....Opposite Party(s) applicants and applicants have been falsely implicated in the present matter because of having some disputes with the deceased. It is further submitted that the applicant no.1 has explained the criminal history of one case and applicant no.2 has explained the criminal history of two cases. It is further submitted that trial is going on, therefore, there is no requirement of custodial interrogation.The applicants are law abiding citizen and they are languishing in jail since 12.05.2024. In case, they are granted bail, they will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. Learned counsel for the first informant and learned A.G.A. have vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 5. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of the accused and taking into account overcrowded jails and heavy pendency of criminal cases before the trial courts as well as considering the mandate of the judgement of the Apex Court in the case of Kapil Wadhawan vs Central Bureau of Investigation reported in 2025 SCC OnLine SC 3038 as well as guideline of this Court in the case of Maya Tiwari Vs. State of U.P. reported in 2024 SCC Online All 6765 regarding grant of bail and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicants- Sushil Kumar and Vishnu @ Vinay, involved in the aforementioned crime be released on bail, on their furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:- i. The applicants 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence. ii. The applicants shall cooperate in the trial/investigation sincerely without seeking any adjournment. BAIL No. 11017 of 2025 2 iii. The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicants shall attend in accordance with the conditions of the bond executed by them. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity, status and residence proof of the applicants and sureties be verified by the court concerned before the bonds are accepted. 9. Verification of Aadhaar card as well as mobile number of the applicants and sureties should also be conducted by the court concerned. 10. It is made clear that the applicants shall be released on the basis of computer generated copy of this order, downloaded from the official website of High Court Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within 15 days. 11. It is further directed that the trial court shall send the release order to the concerned jail through Bail Order Management System (BOMS) to ensure early release of the applicants. 12. Office is directed to send a copy of this order to the applicants through concerned jail superintendent via e-mail or e-prison portal within 24 hours in compliance of the order of the Apex Court in the case of Policy Strategy for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No.4 of 2021 decided on 31.01.2023 reported in (2024) 10 SCC 685. April 27, 2026 S.A. BAIL No. 11017 of 2025 3 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad