Babu @ Vijay Paswan Vs the State of U.P. Thru. the Prin. Secy. Deptt. of Home Lko.

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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CRIMINAL MISC. BAIL APPLICATION No. - 3153 of 2025

Babu @ Vijay Paswan

.....Applicant(s)

Versus

The State Of U.P. Thru. The Prin. Secy. Deptt. Of Home Lko. .....Opposite Party(s)

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Counsel for Applicant(s) : Ram Prasad Dwivedi Counsel for Opposite Party(s) : G.A.

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Court No. - 12

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HON'BLE PANKAJ BHATIA, J.

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1. Heard learned counsel for the applicant, learned AGA and perused the record.

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2. The applicant seeks enlargement on bail in FIR No.340 of 2024, under Section 103(1) BNS, P.S. Ikauna, District Shrawasti.

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3. In terms of the FIR allegations were levelled that the informant was married to a girl named Rani and subsequently, the applicant had enticed her and taken her to Punjab where both of them were staying together. Subsequently, her body was found and an apprehension was expressed in the FIR that the applicant had committed the offence. Cause of death as per the postmortem report, is antemortem injuries which are 5 in number which include contusion on the forehead and neck.

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4. Submission of learned counsel for the applicant is that apart from the apprehension expressed, there is no material to link the applicant with the offence in question. He argues that there are no eyewitnesses to the incident and thus, the applicant has been linked with the offence purely on the basis of surmises.

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5. Learned AGA opposes the bail application by arguing that apart from the apprehension expressed in the FIR and the statement given by the informant, on the basis of CDR records, the presence of the applicant was at the place of the alleged incident. In terms of the statement of the

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BAIL No. 3153 of 2025

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2

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witness, the applicant was last seen with the victim, thus, the applicant was linked with the offence in question based upon CDR analysis and the statement of last seen. Mobile of the deceased was also recovered from the applicant which according to the counsel for the applicant, was not in the presence of any independent witnesses.

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6. Learned AGA has opposed the bail application.

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7. Considering the evidences to link the applicant with the offence being prima-facie weak, the applicant who has no criminal antecedents and is in custody since 25.12.2024 is entitled to be enlarged on bail. In view thereof, the application is allowed .

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8. Let the applicant Babu @ Vijay Paswan be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of the like amount each to the satisfaction of court concerned with the following conditions:

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(a) The applicant shall execute a bond to undertake to attend the hearings;

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(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

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(c) 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 to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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(Pankaj Bhatia,J.)

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December 4, 2025

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nishant

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Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench

Babu @ Vijay Paswan v. the State of U.P. Thru. the Prin. Secy. Deptt. of Home Lko.

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Babu @ Vijay Paswan v. the State of U.P. Thru. the Prin. Secy. Deptt. of Home Lko.

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