Neutral Citation No. - 2025:AHC:71729 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12806 of 2025 Applicant :- Mukesh Yadav And Another Opposite Party :- State of U.P. Counsel for Applicant :- Kumar Ashutosh Srivastava,Nagendra Bahadur Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Nagendra Bahadur Singh, learned counsel for the applicants and Sri Pradeep Kumar, learned AGA for the State- respondent. 2. The instant application has been filed seeking release of the applicants on bail in Case Crime No. 39 of 2024, under Sections 302, 201, 120-B IPC, Police Station- Banakata, District- Deoria, during pendency of the trial in the court below. 3. Learned counsel for the applicants submitted that applicants are younger brother of husband of the deceased and on the basis of false allegation, they have been roped in the present matter along with him. 4. He further submitted that applicants are doing job of labour in the State of Maharashtra and on the date of incident i.e. on 17.02.2025, they were on their duty and a specific averment has been made in this regard in paragraph no. 16 of the affidavit and their attendance sheet has been annexed as Annexure No. 8 to the affidavit. 5. He further submitted that informant of the case has been examined by trial court as P.W.1 and in his cross-examination he categorically stated that on the date of incident applicants were outside due to their job and statement of the informant recorded by the trial court has been annexed along with the instant bail application. 6. He further submitted that even bail application of in-laws of the deceased i.e. parents of the applicants have been allowed by co- ordinate Bench of this Court and they were also named in the FIR along with applicants and their bail orders have been annexed along with the instant bail application and on facts, case of the applicants is at par with them. 7. He further submitted that applicants are not having any criminal history and they are in jail in the present matter since 18.02.2025. 8. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicants. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, applicants are devars of the deceased and as per allegation, they along with her in-laws and husband committed her murder but admittedly, there is no eye-witness account. 11. Further, in paragraph no. 16 of the affidavit, applicants made a specific averment that on the date of incident, they were in State of Maharashtra on their duty and in this regard, their attendence sheet has also been filed. Further, from the statement of the informant recorded by the trial court, it reflects, in his cross-examination he also admitted the fact that on the date of incident applicants were not present in the house and they were outside from their native place on their duty. 12. Further, from the record, it also reflects that along with the applicants their parents were also named in the FIR and they have been released on bail by co-ordinate Bench of this Court and on facts, case of applicants is at par with them. 13. Further, applicants are not having any criminal history and they are in jail in the present matter since 18.02.2025. 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 applicants- Mukesh Yadav and Rakesh 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 applicants shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicants 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 applicants 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 applicants. 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 :- 5.5.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad