HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 24361 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Shri Syed Ali Imam, learned counsel for the applicant, Shri Ajay Singh, 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, Sanjay, seeking enlargement on bail in Case Crime No. 692 of 2009, under Sections 302 of the I.P.C., Police Station Sector 58, Noida, District Gautam Buddh Nagar. 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 3.2.2025. Learned counsel for the applicant submits that charge sheet against the applicant submitted before the Trial Court on 17.12.2009 without effecting the arrest of the applicant. Thereafter, Magistrate took cognizance upon the same on 16.1.2010 and summoned the applicant, but the same was not served upon the applicant. Learned counsel for the applicant submitted that on the basis of information received from the special informer, applicant was shown to be arrested on 3.2.2025 from Noida. Learned counsel for the applicant submits that as per the case of prosecution allegation against the applicant is that he has electrocuted the son of first informant and thereafter, pulled down on the ground, resulting in death of son of first informant. Learned counsel for the applicant submits that no such incident took place. In fact, a quarrel took place between first informant and his wife and they pulled down their son on the ground. He has Versus Counsel for Applicant(s) : Syed Ali Imam Counsel for Opposite Party(s) : G.A. Sanjay .....Applicant(s) State of U.P. .....Opposite Party(s) 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 remained abscond from the proceeding of trial for about 15 years. Learned AGA submitted that proceedings under Section 82 and 83 Cr.P.C. have also been initiated for procuring the arrest of applicant, but he did not turn up and after the information received from the special informer, he has been arrested from the Noida 3.2.2025. In the post mortem report, cause of death has been shown to shock and hemorrhage as a result of head injury. Learned AGA submitted that the statement of first informant in the FIR as well as in the statement recorded under Section 161 Cr.P.C. has remained consistent. Learned AGA submits that in case, applicant be released on bail, he will again abscond from the proceeding of trial. Hence, bail may be rejected. Considering all above facts and circumstances of the case, heinousness of murdering of a small child, absconding from the process of trial for considerable period of time, likelihood of tampering with evidence in case of release on bail as well as likelihood of fleeing from course of justice, there appears to be no ground for bail. Accordingly, this Bail Application stands rejected. September 11, 2025 Ravi Prakash BAIL No. 24361 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad