HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 39444 of 2025 Court No. - 67 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Sri Lavlesh Kumar Sharma, learned counsel for the applicant and Sri B.P. Singh, learned A.G.A. for the State and Sri G.S. Chauhan, learned counsel for the first informant. 2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 81 of 2025, under Sections 103(1), 3(5) BNS, Police Station Erach, District Jhansi, during the pendency of the trial. 3. It is contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case. It is submitted that co-accused Smt Bhuri Devi has already been granted bail by a co- ordinate Bench of this Court vide order dated 16.4.2026 passed in Criminal Misc. Bail Application No. 38615 of 2025. It is further submitted that there is no eyewitness to the alleged occurrence and case is based on circumstantial evidence and during investigation it has surfaced that one Jatadhari, who is an Ambulance driver reached the place of occurrence after the incident was over and the applicant and co-accused Buddh Prakash ran towards him and he fled away. It is further submitted that if any motive is alleged that is against the co-accused Buddh Prakash and during investigation two independent witnesses Bhan Prakash and Smt. Jai Shri have stated before the I.O. that he suspected the fidelity of his wife. It is further submitted that there may be strong suspicion, however, suspicion shall not take place of proof as there is no other Versus Counsel for Applicant(s) : Lavlesh Kumar Sharma, Ray Sahab Yadav Counsel for Opposite Party(s) : G.A., G.S. Chauhan Shamsher Singh Alias Lalu Yadav .....Applicant(s) State of U.P. .....Opposite Party(s) evidence against the applicant. It is also submitted that the applicant is the father-in-law of the deceased and he has been languishing in jail since 1.7.2025 and he is having no criminal history. It is lastly submitted that in case the applicant is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. Per contra, learned counsel for the first informant has vehemently opposed the prayer for bail and it is submitted that co-accused Smt Bhuri Devi has been granted bail on the ground that she is a lady and she is ill and the applicant cannot claim parity from the said order. It is further submitted that at the relevant point of time the applicant and co-accused Buddh Prakash were present at the place of occurrence and as per post- mortem report of the deceased, six injuries have been found on the person of the deceased and her hyoid bone has been found fractured and the said incident cannot be committed by a single person alone. It is further submitted that presence of the applicant along with co-accused and the deceased is fully established by the statement of Jatadhari. 5. Learned A.G.A. has opposed the prayer for bail and it is submitted that the applicant and co-accused Buddh Prakash were present at the relevant point of time and the deceased has received six ante-mortem injuries and her hyoid bone has been found fractured. 6. As per the allegation in the FIR, co-accused Buddh Prakash is said to have taken the deceased along with him on the pretext of treating his mother who was ill and the applicant and the deceased along with other person boarded an ambulance of Jatadhari and reached the place where the mother of co-accused Buddh Prakash was living. The applicant and co-accused are said to have asked Jatadhari to go out for some breakfast and when the said Jatadhri returned, he found the dead body of the deceased and the applicant and co-accused were present and the applicant and co-accused ran after him and he fled away and he gave the information to the brother of the deceased. Clearly, it appears that the said Jatadhari is not an eyewitness of the occurrence as he reached the place of occurrence after the incident was over. It is submitted that there is strong suspicion against the applicant, however, suspicion cannot take place. As per post-mortem report of the deceased, six injuries have been found on BAIL No. 39444 of 2025 2 her person and her hyoid bone has been found fractured and cause of death has been shown as asphyxia due to strangulation. Following ante- mortem injuries found on the person the deceased are quoted below: 1. Ligature mark size 37.0 cm x 2.5 cm present anterior aspect of neck between chin and thyroid process of neck and goes horizontal left and right side of neck ligature mark is parchment and left side 6.0 cm below of left pinna and 6.3 cm below of right pinna. ligature mark complete the circle. No gap present. 2. Contusion size 6.0 c x 3.0 cm left eye upper lid. 3. Contusion size 6.0 cm x 3.0 cm right upper lid. 4. abrasion size 0.2 x 0.2 cm right hand post aspect of right hand. clotted blood present 6.0 cm blow of the right wrist joint. clotted blood present right hand nail. so nail particle present for DNA sample. 5. Abrasion size 0.5 x 0.5 of left hand 8.0 cm blow of left wrist joint. 6. Hyoid bone fracture. The motive regarding suspicion on fidelity of the deceased is on co- accused Buddh Prakash. Co-accused Smt Bhuri Devi has already been granted bail by a co-ordinate Bench of this Court vide order dated 16.4.2025 passed in Criminal Misc. Bail Application No. 38615 of 2025. The applicant is the father-in-law of the deceased and he has been languishing in jail since 1.7.2025 and he is having no criminal history. 7. 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 BAIL No. 39444 of 2025 3 entitled to be enlarged on bail. 8. Accordingly, the present application is ALLOWED. 9. Let the applicant- Shamsher Singh Alias Lalu Yadav involved in the aforementioned crime be released on bail, on his 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 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. (ii) The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. (iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. (iv) The applicant shall attend in accordance with the conditions of the bond executed by him. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Verification of mobile number and Aadhaar card of the applicant as well as sureties should be verified by the court concerned. 12. 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 applicant. 13. Office is directed to send a copy of this order to the applicant 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 BAIL No. 39444 of 2025 4 of 2021 decided on 31.01.2023 reported in (2024) 10 SCC 685. September 8, 2026 Abhishek BAIL No. 39444 of 2025 5 (Jitendra Kumar Sinha,J.) Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad