HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 20599 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Shri Prakash Chandra Srivastava, learned counsel for the applicant, Sri Prem Shankar Kushwaha, learned counsel for the first informant and Shri Vijendra Kumar, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Deshraj Sahu, seeking enlargement on bail in Case Crime No. 02 of 2025, under Sections 103, 238 of the Bharatiya Nyaya Sanhita, 2023, Police Station- Jakhaura, District- Lalitpur. There is allegation in the First Information Report that brother of the informant used to go Talbehat for work and return to Kalothara in the evening, but on 31.12.2024 in the evening, he did not come back, then the informant started searching for him. On 01.01.2025 at about 06:00am, dead body of the brother of the informant was found hanging from a Neem tree which could be done by the family members of one Kamini with whom, the brother (deceased) of the informant was in love affair. Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 06.01.2025. Learned counsel for the applicant submits that the FIR has been lodged after inquest of the deceased and the Versus Counsel for Applicant(s) : G.S. Chauhan, Noor Muhammad, Prakash Chandra Srivastava, Yogesh Kumar Srivastava Counsel for Opposite Party(s) : Adesh Kumar Kushwaha, G.A., Prem Shankar Kushwaha Deshraj Sahu .....Applicant(s) State of U.P. .....Opposite Party(s) applicant is not named in the FIR and only on the basis of suspicion, the FIR has been lodged. As per the postmortem report of the deceased, cause of death is reported to be asphyxia due to strangulation. First informant in his statement as well as in the FIR has said that "Kamini's family member had a grudge against her love affair with my brother Mithun (since deceased) and due to this they may have murdered my brother". Thus, it is clear that FIR was lodged only on the basis of suspicion. There is no eye witness of the occurrence. Witnesses have also got recorded their statements only on the basis of suspicion. There is no direct evidence against the applicant. Learned counsel for the applicant submits that there is no recovery or any incriminating articles from the possession or pointing out of the applicant. The applicant has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA as well as learned counsel for the first informant has vehemently opposed the prayer for bail and submitted that dead body of the deceased and one Kamini were found on the same date, but no FIR has been lodged from the side of the applicant. Recovery of rope which was used for strangulating the deceased- Mithun has been made from cattle shed (bara) of the applicant. Considering all above facts and circumstances, statement of witnesses including first informant and FIR version, perusal of which reveals that they have suspicion that applicant along with his family members have murdered the applicant, no independent eye witness of the occurrence, no recovery of any incriminating articles from the possession or pointing out of applicant, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Deshraj Sahu, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: BAIL No. 20599 of 2025 2 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. September 16, 2025 Ravi Prakash BAIL No. 20599 of 2025 3 (Ashutosh Srivastava,J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad