Neutral Citation No. - 2025:AHC:109164 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21048 of 2025 Applicant :- Shivnath Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Singh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Jitendra Singh, learned counsel for the applicant, Shri Purshottam Maurya, 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, Shivnath Gupta, seeking enlargement on bail in Case Crime No. 512 of 2023, under Sections 302 and 201 of the IPC, Police Station Kotwali, District Shahjahanpur. 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 27.9.2023. Learned counsel for the applicant submits that FIR giving rise to present case crime was lodged by village Chowkidar against unknown person regarding an incident alleged to have been taken place in the intervening night of 19/20.9.2023 wherein an unknown female aged about 35 years was done to death and her body was kept concealed in sugarcane field. Learned counsel for the applicant submits that applicant was not named in the FIR. During course of investigation, his name surfaced on the record on the basis of statement of independent witness Allanoor @ Nepali and also from the CDR of mobile number. Learned counsel for the applicant submits that there is no eye witness of the incident. It is a case of circumstantial evidence. The recovery of incriminating articles as well as money is planted one. Learned counsel for the applicant submits that as per prosecution case, applicant has confessed his guilt, but the confessional statement of the applicant cannot be read into evidence. He 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 has vehemently opposed the prayer for bail by submitting that applicant himself admitted his guilt causing murder of the deceased. There is a recovery of original laminated Aadhar card of deceased from the conscious possession of applicant including heavy cash amount etc. Applicant himself admitted that Rs.1,20,000/- recovered from his possession, was given by the deceased herself to him. Witnesses Duggal Singh and Parveen Kumar in their statement said that after the death of husband of deceased, applicant used to look after her and was in visiting terms with the deceased. The copy of CDR also reveals that applicant and deceased used to talk on mobile with each other. So the liability is fastened upon the applicant to prove his innocence, but he has failed to do so. Hence, bail application may be rejected. Having regard to the submissions made by learned counsel for the parties, allegation levelled against the applicant and taking note of the evidence including digital evidence collected through mobile phone during the course of investigation, the Court is not inclined to grant any indulgence to the applicant in the present bail application. Accordingly, the bail application is rejected. Order Date :- 9.7.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad