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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 12710 of 2026 Court No. - 67 HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Santosh Dwivedi, learned counsel for the applicant, Sri Anand Pratap Singh, learned A.G.A. for the State and perused the record. 2. Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No. 118 of 2024, under Sections 302, 120-B, 34 IPC, Police Station- Lohata, District Varanasi. 3. Contention of learned counsel for the applicant is that the applicant was not named in the FIR and doubt has been expressed against name accused persons regarding enmity with the deceased. Subsequently, the applicant was arrested on the basis of CCTV footage though the first informant in his statement before the trial court, has stated that he was shown in the CCTV footage prior to lodging of the FIR therefore non mentioning the name of the applicant in the FIR itself creates doubts over the prosecution story, therefore the applicant is entitled to be released on bail. It is lastly submitted that charge sheet has been filed by the police, therefore, there is no requirement for custodial interrogation. The applicant has no explained the criminal history and he is languishing in jail since 29.06.2024. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. On the other hand, learned A.G.A. for the State vehemently opposed the prayer for bail and submitted that the applicant as well as two co- accused persons duly identified in the CCTV footage by the eye witnesses Ansh, Rajesh Prasad and Mahima Devi. CCTV footage clearly shows that Versus Counsel for Applicant(s) : Santosh Dwivedi Counsel for Opposite Party(s) : G.A. Pradeep Chauhan .....Applicant(s) State of U.P. .....Opposite Party(s)
the applicant along with other accused persons initially dragged the deceased into a ditch, and after beating strangulated him. He further submitted that post mortem report also shows that other injuries apart from cause of death as strangulation. It is further submitted that CDR of mobile phone also shows his location near the place of incident, therefore, he is not entitled to be released on bail. 5.
Considering the submissions of learned counsel for the parties and taking into account the fact that the applicant was seen in CCTV footage while committing the murder of the deceased along with two other accused persons and the applicant was duly identified in the CCTV footage by the eye witnesses, therefore, this Court is not inclined to grant bail to the applicant. 6. Accordingly, the present bail application is rejected. May 7, 2026 A.Kr. BAIL No. 12710 of 2026 2 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad