Neutral Citation No. - 2025:AHC:146287 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26495 of 2025 Applicant :- Shailendra Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Anand Kumar Singh Counsel for Opposite Party :- G.A.,Narendra Singh Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Anand Kumar Singh, learned counsel for the applicant and Sri Narendra Singh, learned counsel for the informant as well as Sri Ram Mohit Yadav, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 354 of 2024, under Sections 103(1) of BNS, Police Station Bilhaur, District Kanpur Nagar, during the pendency of trial. 4. As per prosecution story, dead body of the deceased person was being taken away for last rites as such the informant reached there and found her cranium blood soaked, as such got the said cremation stopped. The informant is stated to have suspected that the applicant along with his wife and husband of the deceased person had committed the said offence to usurp the property in his name. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence. The FIR is delayed by one day and there is no explanation of the said delay caused. 6. Learned counsel has next stated that the it is a clear cut case of suicide and not homicide which stands fortified from the fact that the applicant had informed about the incident to the police that the deceased has committed suicide and the applicant is the panch witness no.1 in the inquest proceedings. 7. Learned counsel has further stated that even the post mortem report indicates all the injuries on the cranium and there is a fracture of C6 vertebrae which falls in the neck which indicates that the injuries occurred due to attempt of suicide by the deceased person. There was no reason for the applicant to commit the said offence of murder as the applicant was adopted son of the deceased person. 8. Learned counsel has also stated that even husband of the deceased person has been made an accused. The real beneficiary of the said property after the applicant and co-accused, could be the informant himself, as such applicant is entitled for bail. 9. There is no criminal history of the applicant. The applicant is languishing in jail since 20.11.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 10. Learned A.G.A. has vehemently opposed the bail application on the ground that the applicant had wrongly posed the matter to be of suicide while it was the case of homicide, as such the applicant is not entitled for bail. 11. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record and taking into consideration the delay in institution of the FIR and the injuries sustained by the deceased person, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 12. Let the applicant- Shailendra Kumar, who is involved in aforementioned case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified. i) The applicant shall not tamper with the evidence during trial. ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. iii) The applicant shall appear before the trial court on the date fixed. 13. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 14. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 23.8.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad