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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 28756 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Shri Shailesh Pandey, learned counsel for the applicants and Shri Manoj Kumar Singh, learned A.G.A. representing the State respondents. This bail application under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicants, Ghanshyam, Ravindra and Ravi, seeking enlargement on bail in Case Crime No. 63 of 2025, under Sections 103 (1), 238, 61 (1) BNS, Police Station-Rajgarh, District-Mirzapur. Learned counsel for the applicants argued that the accused-applicants are innocent. They have been falsely implicated in this very case crime number and are languishing in jail since 27.04.2025. Learned counsel for the applicant submits that First Information report has been lodged by the first informant, against six named and present Village Pradhan, including the applicants, with the allegation that marriage of the daughter of the first informant namely Bindu, was solemnized before last ten years with Narsingh. In the night of 22.03.2025, all the accused persons murdered the daughter of the first informant and without giving any information to the first informant done cremation of the deceased in connivance with the local police. Learned counsel for the applicant submits that the applicant no. 1 is father in law and the applicant no. 2 is brother in law of the deceased. They are residing separately. Learned counsel for the applicants submit that the first information report has been lodged with a delay of 20 days on 12.04.2025 in respect of an incident which took place on 22.03.2025, without any plausible explanation. Learned counsel for the applicants submit that the daughter of the deceased in her statement has stated that on the date of incident only her father was present in the house he has beaten the deceased. She has specifically stated that all other accused persons were residing separately. Learned counsel for the applicants further submit that the real fact is that on the date of incident the deceased was not feeling well, her husband informed the first informant, she and her in laws came there and thereafter they took the Versus Counsel for Applicant(s) : Shailesh Pandey Counsel for Opposite Party(s) : G.A. Mahendra Kol And Another .....Applicant(s) State of U.P. .....Opposite Party(s)
deceased for treatment but on the way she died whereafter the cremation of the deceased was done.
Thereafter, first informant raised demand of agricultural land, ornaments and Rs. 5 Lakhs and when they expressed their inability in fulfilling the said demand the present first information report has been lodged. Applicants have no criminal antecedents and there is no likelihood of their 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, but could not dispute the fact that no specific role has been assigned to any of the applicants. Considering all those facts and circumstances, 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-applicants, Mahendra Kol and Man Singh, involved in above mentioned case crime number be released on bail, on their 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:
1. The applicants will not tamper with the evidence. 2. The applicants will not indulge in any criminal activity. 3. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicants 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 their bail. September 12, 2025 Deepak/ BAIL No. 28756 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad