Triveni Pathak vs State Of U.P.

1. Heard Km. Sakshi Patel, learned counsel for the applicant, Sri Rakesh Kumar Mishra, 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 in Case Crime No. 290/2025, under Sections 103(1), 238, 3(5) BNS and 4/25 Arms Act, Police Station Sujanganj, District Jaunpur.

3. Contention of learned counsel for the applicant is that as per allegation in the FIR deceased had accompanied the applicant and co-accused between 6 to 7 p.m. on 23.10.2025. Thereafter body of the deceased was recovered on 24.10.2025. Thereafter the applicant and co-accused were arrested and a blood stained knife was recovered on the joint declaration of the applicant as well as co-accused persons.

4. Learned counsel for the applicant submitted that there is no eye witness of the incident who had seen lastly the deceased in the company of the applicant even the FIR was lodged after recovery of the dead body and name of the applicant has been mentioned in the FIR merely on the basis of apprehension and doubt. It is further submitted that recovery of blood stained knife, on the basis of joint declaration, is not reliable and not admissible under Section 23(2) of BSA. Learned counsel for the applicant further relied upon the judgement of Apex Court in the case of Ananda Jakkappa Pujari @ Gaddadar vs State of Karnatka, in Criminal Appeal No.1864 of 2024 wherein Apex Court has observed that recovery on the basis of joint declaration is not admissible as evidence unless separate article recovered from each accused. 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 criminal history and he is languishing in jail since 25.10.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.

5. On the other hand, learned A.G.A. for the State opposed the prayer for bail but could not dispute the aforesaid fact.

6. 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 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. Accordingly, the present application is allowed.

6. Let the applicant- Triveni Pathak 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 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.

7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

9. Verification of mobile number as well as Aadhaar Card of the applicant and sureties should also be conducted by the court concerned.

10. It is made clear that the applicant shall be released on the basis of downloaded copy of this order from the official website of High Court Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within 15 days.

11. It is 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.

(Arun Kumar Singh Deshwal,J.)

May 6, 2026

A.Kr.