Neutral Citation No. - 2025:AHC:81295 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9837 of 2025 Applicant :- Krishna Opposite Party :- State of U.P. Counsel for Applicant :- Deshraj Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Deshraj Singh, learned counsel for the applicant and Sri Santosh Nigam, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 528 of 2024, under Sections 80(2), 85, 103(1) BNS & 3/4 D.P. Act, Police Station- Bahjoi, District- Sambhal, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that applicant is jeth of the deceased and however, as per allegation, applicant and his other family members committed the murder of the deceased but entire allegation levelled against the applicant is totally false. 4. He further submitted that along with applicant, parents of the applicant were also made accused but they have already been released on bail. He further submitted that co-accused Kusum, mother of the deceased and co-accused Kailash, father of the deceased, have been released on bail by Co-ordinate Bench of this Court vide orders dated 09.01.2025 and06.01.2025 passed in Criminal Misc. Bail Application No. 708 of 2025 and 47490 of 2024 respectively and on facts, case of applicant is at better footing than them. 5. He further submitted that applicant is not having any criminal history and in the present matter, he is in jail since 09.12.2024. 6. Per contra, learned AGA opposed the prayer for bail and submitted that applicant is jeth of the deceased and deceased died due to strangulation, therefore, prima facie, it is a case of homicidal death but could not dispute the fact that along with applicant, in-laws of the deceased were also made accused and they have been released on bail. He further could not dispute the fact that there is no specific allegation against the applicant. 7. I have heard both the parties and perused the record of the case. 8. Applicant is jeth of the deceased and as per allegation, he along with others committed her murder but it reflects, along with applicant, mother-in-law and father-in-law of the deceased were also made accused and both have already been released on bail by Co-ordinate Bench of this Court and considering the fact that there is no specific allegation against the applicant, it appears, case of applicant is at better footing than them. 9. The Apex Court in the case of Satender Kumar Antil Vs. CBI & another (2022) 10 SCC 51 in paragraph no. 98 has observed that- "Uniformity and certainty in the decisions of the court are the foundations of judicial dispensation. Persons accused with same offence shall never be treated differently either by the same court or by the same or different courts. Such an action though by an exercise of discretion despite being a judicial one would be a grave affront to Articles 14 and 15 of the Constitution of India." 10. Further, applicant is not having any criminal history and in the present matter, he is in jail since December 2024. 11. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicant- Krishna be released on bail in the aforesaid case on 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 applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 14. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 15. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 15.5.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad