HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 16329 of 2025 Court No. - 65 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Supplementary affidavit filed today is taken on record. 3. Heard Sri Akhilesh Kumar Mishra, learned counsel for the applicant, Sri Deepak Kumar Mishra, learned A.G.A. for the State and perused the material placed on record. 4. Applicant seeks bail in Case Crime No.412 of 2024, under Sections 103(1), 61(2), 238 B.N.S., Police Station-Baldev, District-Mathura, during the pendency of trial. 5. As per prosecution story, the applicant along with two other accused persons are stated to have called the husband of the informant on 01.11.2024 at about 06:00 PM to meet him. When the husband of the informant did not return home, the informant filed a missing report on 02.011.2024 and on 03.11.2024 the dead body of the deceased was recovered. 6. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. Learned counsel for the applicant further submitted that the said missing report does not whisper a single word against any accused person including the applicant. The said missing report was entered at GD No. 66 of 02.11.2024 at 08:23 PM, as such, it is a clear cut case of false implication. Had the applicant called the deceased person, the same would have been mentioned in the said missing report itself. The recovery of the torso of the deceased person has been made at the pointing out of the applicant from an open place and the said place was open to everyone. 7. Learned counsel for the applicant has further stated that there is no criminal history of the applicant. The applicant is languishing in jail since 05.11.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the Versus Counsel for Applicant(s) : Akhilesh Kumar Mishra, Arun Kumar Vishvakarma Counsel for Opposite Party(s) : G.A., Jata Shankar Pandey, Suresh Kumar Pandey Ajay Goswami .....Applicant(s) State of U.P. .....Opposite Party(s) liberty of bail. 8. Learned A.G.A. has vehemently opposed the bail application. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the fact that the torso of the deceased person was found in an open place and considering the fact that said missing report does not mention the name of the applicant in it, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 10. Let the applicant-Ajay Goswami, 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 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. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. 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. September 9, 2025 Karan BAIL No. 16329 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad