Neutral Citation No. - 2025:AHC:86266 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17405 of 2025 Applicant :- Raju Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Akshansh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed by applicant is taken on record. 2. Heard Sri Akshansh, learned counsel for the applicant and Sri Santosh Pandey, learned brief holder for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 82 of 2025, under Sections 103(1), 238 BNS, Police Station- Bilariyaganj, District- Azamgarh, during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that FIR of the present case was lodged against unknown person with regard to murder of daughter of informant and during investigation, applicant, who was her brother, has been made accused in the present matter. 5. He further submitted that there is absolutely no cogent evidence against the applicant on record, which can connect him with the instant crime. He further submitted that from the record, it reflects, during investigation, it was revealed that deceased used to make conversations with Muddasir @ Palla and applicant and his family members did not like this and therefore, they have committed her murder. He further submitted that except the bald and verbal allegation and suspicion, there is no evidence in this regard on record. 6. He further submitted that, however, as per prosecution, before death of the deceased, she had number of conversations with the applicant but as applicant was brother of the deceased, therefore, it cannot be treated as an incriminating circumstance against the applicant and even if applicant did not like the fact that his sister was having mobile conversation with Muddasir @ Palla then also merely on this basis, it cannot be said that he committed her murder. 7. He further submitted that applicant is the person, who earlier before lodgement of the FIR himself lodged a missing report of the deceased and this fact shows his bonafide. 8. He further submitted that applicant is not having any criminal history and in the present matter, he is in jail since 25.03.2025. 9. Per contra, learned AGA opposed the prayer for bail and submitted applicant is brother of the deceased and prima facie, it appears to be a case of honour killing but he fairly conceded, except suspicion, there is no cogent evidence against the applicant on record. 10. I have heard both the parties and perused the record of the case. 11. However, applicant is brother of the deceased and as per allegation, he did not like the fact that his sister was having relationship with Muddasir @ Palla, therefore, he committed her murder but it appears, except suspicion, there is no cogent evidence in this regard. 12. Further, applicant was the person, who himself initially lodged a missing report with regard to deceased. 13. Further, applicant is not having any criminal history and in the present matter, he is in jail since 25.03.2025. 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 applicant- Raju 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 :- 21.5.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad