Bhanu Vs State of U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 25720 of 2025

Bhanu		Versus		.....Applicant(s)
State of U.P.				.....Opposite Party(s)
Counsel for Applicant(s)	:	Gaurav Srivastav	Srivastav, a	Rajesh Kumar
Counsel for Opposite Party(s)	:	G.A.
Court No.- 66

¶3

HON'BLE ASHUTOSH SRIVASTAVA, J.

¶4

Heard Shri Gaurav Srivastava, learned counsel for the applicant and Shri Purshottam Maurya, learned A.G.A. for the State and perused the record.

¶5

The present bail application has been filed by the applicant Bhanu with a prayer to enlarge him on bail in Case Crime No.129 of 2024, under Sections 103 (1), 238, 61 (2), 3 (5) B.N.S., Police Station-Pinahat, District Agra, during pendency of trial.

¶6

Learned counsel for the applicant submits that the accused applicant is innocent. He has been falsely implicated in the present case and is languishing in jail since 03.12.2024. Learned counsel for the applicant submits that First Information Report was lodged on 30.11.2024, by the first informant namely Karan Prajapati, with the allegation that his eight years son, namely Raunak, is missing since 29.11.2024 and there is suspicion of his abduction. Learned counsel for the applicant further submits that dead body of the child was recovered on 02.12.2024 from behind the the house of first informant. During investigation the applicant and co-accused Yashoda were arrested on 03.12.2024 and both of them confessed their guilt. In Confessional statement the applicant has stated that there was illicit relations between the applicant and co-accused Yashoda, and on the date of incident the deceased has seen the applicant and co-accused in compromising position and thereafter he killed the deceased. Learned counsel for the applicant further submits that all the witnesses in their statement has only stated about the illicit relationship between the applicant and co-accused and on the basis of suspicion they have falsely implicated the applicant. He further submits that there is no eye witness of the incident. Co-accused Smt. Yashoda, has been granted bail by a coordinate Bench of this Court in Criminal Misc. Bail Application No. 6213 of 2025, vide order dated 09.04.2025. Applicant has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail; hence, bail has been prayed for.

¶7

Per contra, learned A.G.A. has opposed the bail prayer of the applicant

¶8

BAIL No. 25720 of 2025

¶9

2

¶10

but could not dispute the aforesaid facts.

¶11

Considering the nature of the offence, material/evidence brought on record, complicity of the accused, severity of punishment, the submissions made by the learned counsel for the parties, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

¶12

Let the applicant- Bhanu , involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-

¶13

The applicant will not tamper with the evidence.

¶14

The applicant will not indulge in any criminal activity.

¶15

The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

¶16

The applicant 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.

¶17

In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

¶18

(Ashutosh Srivastava,J.)

¶19

September 16, 2025

¶20

Deepak/

¶21

Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad

Bhanu v. State of U.P.

Case brief

What is this about?

What did the court decide?

Bhanu v. State of U.P.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases