HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 39970 of 2025 Court No. - 67 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Sri Javed Husain Khan, learned counsel for the applicant, Sri Chandra Shekhar Saran, learned AGA for the State-respondents and perused the record. 2. The present bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of applicant with a prayer to release him on bail in Case Crime No. 567 of 2023 under Section 302 IPC registered at Police Station Pilkhuwa, District Hapur during pendency of the trial. 3. It has been argued by learned counsel for the applicant that FIR has been lodged against unknown alleging therein that dead body of some unknown woman was recovered from an open place. It is next submitted that during investigation it has surfaced that applicant was having affair with the victim and it is submitted that due to such relation, applicant has committed her murder. It is further submitted that one purse belonging to the victim is said to have been recovered from an open place and there is no independent witness to the said recovery and no disclosure statement has been recorded prior to the same. It is further submitted that applicant has been languishing in jail since 19.11.2023 and as per the report submitted by the learned trial court, only three witnesses have been examined out of 27 witnesses proposed to be examined. It is also submitted that applicant has no criminal history and he undertakes that he will not misuse the liberty, if granted. It has also been pointed out that in the wake of heavy pendency of cases in the Versus Counsel for Applicant(s) : Gulrez Khan, Javed Husain Khan, Sr. Advocate Counsel for Opposite Party(s) : G.A. Ankur .....Applicant(s) State of U.P. .....Opposite Party(s) Court, there is no likelihood of any early conclusion of trial. 4. On the other hand, learned A.G.A. opposed the prayer for grant of bail to the applicant and submits that during investigation, call detail records of the applicant and the victim have been collected by the Investigating Officer which show that they were in constant conversation. 5. In reply, learned counsel for the applicant submits that applicant was having affair with victim is not denied. 6. FIR has been lodged against unknown alleging therein that dead body of an unknown woman has been recovered from an open place and during investigation, it has surfaced that applicant was having affair with the deceased and a purse belonging to the deceased is said to have been recovered from an open place. There is no independent witness to the said recovery and no disclosure statement has been made by the Investigating Officer for the same. As per the report submitted by the trial court, only three witnesses have been examined so far out of 27 witnesses proposed to be examined. Chargesheet in the case has been submitted and the applicant has been languishing in jail since 19.11.2023. 7. 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. reported in 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. 8. Let the applicant Ankur 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 BAIL No. 39970 of 2025 2 or promise to any person acquainted with the facts of the case so as 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. (v) The applicant shall not seek any adjournment when the witnesses are present in the court. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. 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 concerned Jail Superintendent 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. October 8, 2026 Madhurima BAIL No. 39970 of 2025 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad