Neutral Citation No. - 2025:AHC:68726 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11666 of 2025 Applicant :- Krishna Yadav @ Srikrishn Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Nirbhay Kumar Bharti Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Nirbhay Kumar Bharti, learned counsel for the applicant and Sri Imran Khan, learned AGA for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 223 of 2024, under Sections 103(1) BNS, Police Station Banshdeeh, District Ballia, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that as per allegation made in the FIR deceased who was mother of the informant started living with the applicant and on 24.10.2024 in the night applicant after making assault threw her in the pond due to which she died but entire allegation levelled against the applicant is totally false. 4. He further submitted that however after the death of the husband of the deceased some relationship was developed between applicant and deceased but deceased never resided with the applicant in his home and however informant in the FIR disclosed this fact but when her statement was recorded during investigation then she did not state that applicant and deceased resided in the same house and this fact suggests that informant disclosed wrong facts in the FIR that deceased at the time of death was residing in the house of the applicant. 5. He further submitted that there is no evidence which can suggests that applicant after causing injury to the deceased threw her as there is no eye witness account. 6. He further submitted that there is absolutely no evidence which can connect the applicant with the instant crime. 7. He further submitted that actually deceased was having illicit relationship with the applicant, therefore, it appears informant, the daughter of the deceased falsely implicated the applicant in the present matter merely on the basis of suspicion. 8. He further submitted that applicant is having no criminal history and he is in jail in the present matter since 15.11.2024. 9. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 10. I have heard learned counsel for the parties and perused the record of the case. 11. However, as per allegation made in the FIR deceased resided alongwith the applicant in his home and applicant after making assault upon her threw her due to which she died due to drowning but as per the applicant, deceased never resided alongwith him in his home. The defence taken by applicant also finds support from the statement of the informant recorded during investigation in which she did not state that deceased resided alongwith the applicant in his home and she only stated that deceased developed illicit relationship with the applicant. 12. Further, there is no eye witness account and there is also no evidence on record which can show that applicant was last seen alongwith the deceased and considering all the material available on record, the argument advanced by learned counsel for the applicant that there is no cogent evidence against the applicant which can connect him with the present matter, cannot be ruled out, at this stage. 13. Further, applicant is having no criminal history and he is in jail in the present matter since 15.11.2024. 14. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 15. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 16. Let the applicant-Krishna Yadav @ Srikrishn Yadav, 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. 17. 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. 18. 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 :- 1.5.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad