HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 13048 of 2024 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, Sri Dharmendra Kumar Gupta who appears for the informant as well as learned AGA and perused the record. 2. The accused-applicant seeks bail in FIR/Case Crime No.106 of 2024 under section 364, 302 IPC, P.S. Udaipur, District Pratapgarh. 3. In terms of the FIR, it was alleged that on the date of incident, the son of the informant was coming towards home, when two unknown persons who were on motorcycle stopped him and after beating, they ran away. Subsequently, it was found that the son was killed by use of sharp instrument. A suspicion was expressed that one Vishal had committed the offence with some unknown person. The cause of death, as per the postmortem report, is ante-mortem neck injuries. 4. In the light of the said, the counsel for the applicant argues that the applicant was not named in the FIR and subsequently his name surfaced in the statement of the co-accused. The said statement is on record as Annexure no.4. 5. The counsel for the informant opposes the bail application by arguing that the recovery was effected from the applicant at his instance and pointing out from a place near his residence. He further argues that the Versus Counsel for Applicant(s) : Shivendra Pratap Singh, Javed Khan, Saurabh Singh, Sheo Prakash Singh Counsel for Opposite Party(s) : G.A., Dharmendra Kumar Gupta Dileep Pasi .....Applicant(s) State Of U.P. Thru. Addl. Prin. Secy. Deptt. Of Home Lko .....Opposite Party(s) CDR location of the applicant was found to be at the place of the incident. In the light of the said, it is argued that considering the totality of the offence, the bail application should be rejected. 6. Considering the submissions made at the bar, the applicant was not even named in the FIR and his name surfaced in the statement of the co-accused, which is prima-facie a weak piece of evidence and the recovery is not in the presence of any independent witnesses and the applicant has no criminal history and is in custody since 17.06.2024 coupled with the fact that there is no material on record to demonstrate that the applicant if enlarged on bail can have any adverse affect on the trial, the applicant is entitled for the bail. Thus the bail application is allowed. 7. Let the applicant Dileep Pasi be released on bail in aforesaid FIR/Case Crime Number subject to his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (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. October 29, 2025 VNP/- BAIL No. 13048 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench