HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 16694 of 2026 Court No. - 67 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard Sri Vijay Bahadur Shivhare, learned counsel for the applicant, Sri Anand Pratap Singh, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 354 of 2025, under Sections 103(1)238, 3(5) BNS (corresponding sections 302, 201, 34 IPC) at Police Station- Kabrai, District-Mahoba, during the pendency of the trial. 3. Contention of learned counsel for the applicant is that the father of the first informant had been missing since 10.12.2025, and his dead body was found in a nearby forest on 11.12.2025. The postmortem of the deceased was also conducted on the same day, and thereafter the dead body was cremated. Subsequently, the FIR was lodged on 30.12.2025, wherein allegations have been made that the applicant and co-accused, Gomti, had murdered the deceased on account of an illicit relationship between the co-accused and the applicant despite being close relatives. It is further submitted that, in support of the prosecution story, one eye-witness, Santosh, also came forward and got his statement recorded on 30.12.2025, wherein he stated that he had seen the applicant and co-accused dragging the body of the deceased from the house to the nearby forest on 10.12.2025, and thereafter he also checked and found the dead body of the deceased in the nearby forest, and the said fact was also informed by him to the first informant. Versus Counsel for Applicant(s) : Vijay Bahadur Shivhare Counsel for Opposite Party(s) : G.A. Sujeet @ Lalu .....Applicant(s) State of U.P. .....Opposite Party(s) 4. It is further submitted by learned counsel for the applicant that, in case the eye-witness Santosh had informed the fact of dragging the dead body of the deceased and finding the same in the nearby field, then these facts ought to have been mentioned in the FIR lodged on 30.12.2025, and even otherwise the FIR could have been lodged much earlier immediately after the postmortem, which itself creates doubt upon the prosecution story. It is further submitted that the police has falsely planted one broken brick and two kitchen knives alleged to have been recovered on the pointing out of the applicant. It is further submitted that the applicant has no criminal history. It is further submitted that the charge sheet has been filed in the present case, therefore, there is no requirement of custodial interrogation. The applicant is a law-abiding citizen and is languishing in jail since 31.12.2025. In case he is granted bail, he will not misuse the liberty of bail and will cooperate in the trial proceedings. 5. Per contra, learned A.G.A. has vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 6. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of the accused and taking into account overcrowded jails and heavy pendency of criminal cases before the trial courts as well as considering the mandate of the judgement of the Apex Court in the case of Kapil Wadhawan vs Central Bureau of Investigation reported in 2025 SCC OnLine SC 3038 as well as guideline of this Court in the case of Maya Tiwari Vs. State of U.P., 2024 SCC Online All 6765 regarding grant of bail and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 7. Let the applicant- Sujeet @ Lalu, involved in the aforementioned crime be released on bail, on his 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 not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as BAIL No. 16694 of 2026 2 to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by him. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. 10. Verification of mobile number and Aadhaar card of the applicant as well as sureties should be verified by the court concerned. 11. It is further directed that the trial court shall send the release order to the concerned jail through Bail Order Management System (BOMS) to ensure early release of the applicant. 12. Office is directed to send a copy of this order to the applicant through Jail Superintendent, Mahoba via e-mail or e-prison portal within 24 hours in compliance of the order of the Apex Court in the case of Policy Strategy for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No.4 of 2021 decided on 31.01.2023 reported in (2024) 10 SCC 685. May 18, 2026 SA BAIL No. 16694 of 2026 3 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- SALMAN ALI High Court of Judicature at Allahabad