Neutral Citation No. - 2025:AHC-LKO:34100 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4967 of 2025 Applicant :- Akshay Pasi Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. Counsel for Applicant :- Akashdeep Shukla Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Akashdeep Shukla, learned counsel for the applicant, Sri Mohd. Ashif Khan, learned Additional Government Advocate-I for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.61 of 2025, under Sections 310(2), 317(3), 238 B.N.S., registered at Police Station Gola, District Lakhimpur Kheri. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 02.02.2025 stating that the informant's brother used to drive e-rickshaw. He had gone to Aliganj at about 09.00 p.m. on 31.01.2025 but he did not come back. A missing report was given to the police on 01.02.2025. His dead body was found in a dry drain on 02.02.2025 and e-rickshaw was found parked about one kilometer away. The battery of e-rickshaw was missing. 4. In the affidavit filed in support of bail application it has been stated that the applicant is an innocent person and he has been falsely implicated in the present case. The applicant's involvement in another case bearing Case Crime No.73 of 2025, under Section 310(3), 317(3), 238 BNS, Police Station Gola, District Lakhimpur Kheri has been disclosed in para 13 of the affidavit, in which he has been enlarged on bail. 5. The police arrested four persons, including the applicant on the basis of an information received from a mukhbir. Four batteries and various articles were recovered from those persons. Rs. 220/- were recovered from the applicant. 6. The postmortem examination report of the dead body of the deceased mentions a contusion over right side of head, abraded contusions over neck, back of right elbow and back of left elbow and the cause of death has been opined to be asphyxia due to ante mortem strangulation. After arrest of the applicant he has been implicated in three other cases. 7. It has also been submitted on behalf of the applicant that the co-accused Pancham Pasi has already been enlarged on bail by this court by means of an order dated 25.04.2025, passed in Criminal Misc. Bail Application No.3484 of 2025. Co-accused Brajesh Kumar has been granted bail by means of an order dated 26.05.2025 passed by this Court in Criminal Misc. Bail Application No. 4549 of 2025. 8. The learned Additional Government Advocate-I appearing on behalf of the State has opposed the prayer for bail and he has submitted that the allegations have been established during investigation and a charge sheet has been submitted on 27.02.2025. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant has been arrested along with some other persons on the basis of an information received from a mukhbir and he has been implicated on the basis of his confessional statement; that the applicant has no previous criminal history and he is languishing in jail since 09.02.2025, the investigation already stands concluded and two co-accused persons have already been released on bail by this court and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 10. Accordingly, this bail application stands allowed. 11. Let the applicant-Akshay Pasi be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court. Order Date :- 30.5.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench