Matole Alias Mata Prasad Vs State of U.P. Thru. Prin. Secy. Deptt. Home Lko.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL MISC. BAIL APPLICATION No. - 7785 of 2024

Matole Alias Mata Prasad

	Versus		.....Appl	icant(s)
State Of U.P. Thru. Prin. Secy.	Deptt. Home Lko.		.....O	pposite Party(s)
Counsel for Applicant(s)	: Dinesh Kumar Kumar, Santosh Shyam Bihari, Kumar Yadav	Sriv Kr. Sunil	astava, Yadav Verma,	Rajesh Warsi, Vinod
Counsel for Opposite Party(s)	: G.A., Prabhat Dw	ivedi

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Court No. - 12

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HON'BLE KARUNESH SINGH PAWAR, J.

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

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In the prosecution case, it is alleged that on 22.8.2023, the wife of the informant namely, Punam has been confined by the accused-applicant in secret. Even after lot of search, she was not found. It is alleged that the applicant threatened him on 26.8.2023.

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Learned counsel for the applicant submits that the applicant is innocent. There is one last seen evidence of Meena who has seen the applicant along with the deceased. There is another last seen evidence of Rohit who has also seen the applicant along with the deceased. He next submits that there is no recovery from the possession of the applicant. The alleged skeleton has been recovered from the open field.

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It is further submitted that the applicant has no criminal history and he is languishing in jail since 4.10.2023. There is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.

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Learned A.G.A. as well as learned counsel for the complainant have opposed

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BAIL No. 7785 of 2024

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the prayer for bail of the applicant. However, they could not inform the Court as to how the alleged skeleton has been linked with the deceased Punam. There is no DNA report of the alleged skeleton.

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On due consideration to the submissions advanced, perusal of the record so also the fact that there is no DNA report of the alleged skeleton; the case is of circumstantial evidence; it appears that except the last seen evidence, there is no other material against the applicant; the chain of circumstance appears to be incomplete; the applicant has no criminal history; he is languishing in jail since 4.10.2023 and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail.

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Accordingly, the bail application is allowed .

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Let the applicant- Matole Alias Mata Prasad involved in Case Crime No. 388 of 2023, under Sections 302, 201, 506 IPC, Police Station- Fakharpur, District- Bahraich, 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 which are being imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurize/ intimidate the prosecution witness.

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(iii) 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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(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence,

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BAIL No. 7785 of 2024

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without sufficient cause, the trial court may proceed against him in accordance with law.

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(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 B.N.S.S. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of B.N.S.

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(Karunesh Singh Pawar,J.)

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August 25, 2025 Shravan

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Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Matole Alias Mata Prasad v. State of U.P. Thru. Prin. Secy. Deptt. Home Lko.

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Matole Alias Mata Prasad v. State of U.P. Thru. Prin. Secy. Deptt. Home Lko.

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