HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 5305 of 2025 alongwith CRIMINAL MISC. BAIL APPLICATION No. - 3420 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard Shri Raj Kumar Mishra, learned counsel for the applicant, learned AGA and perused the record. 2. Learned counsel for the parties contend that the issue involved in Criminal Misc Bail Application No. - 5305 of 2025 and Criminal Misc Bail Application No. 3420 of 2025 arise out of same case crime number. As such, the Court proceeds to hear both the bail applications together. For convenience, facts of Criminal Misc Bail Application No. 5305 are being taken. 3. The applicant seeks enlargement on bail in FIR No. 300 of 2024, under Versus Counsel for Applicant(s) : Bhanu Pratap Singh, Amit Chaudhary, Gyan Singh, Raj Kumar Mishra, Utkarsh Counsel for Opposite Party(s) : G.A., Ramakar Shukla Versus Counsel for Applicant(s) : Vinay Kumar, Ajay Kumar Ojha, Akansha Pathak, Kartikay Singh, Vijay Kumar Counsel for Opposite Party(s) : G.A., Ramakar Shukla Aditya Dev Mishra .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko .....Opposite Party(s) Vishal @ Vishal Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) sections 103(1), 3(5) BNS, Section 3, 5, 25, 27 Arms Act, P.S. Jamon, District Amethi. 4. Learned counsel for the applicant argues that in terms of FIR it was alleged that son of informant had gone to attend a wedding on 9.12.2024 and did not return back as such search was made and thereafter his body was found and apprehension was expressed that he has been killed by some unknown persons. No one was named in the FIR. The post mortem report on record indicate the cause of death as ante mortem throttling and seven injuries were also noticed in the body which are lacerated wounds and contusion injuries. Subsequently the statement of the informant was recorded wherein he stated that the applicant namely Aditya Dev Mishra was alongwith deceases son and thus he was sought to be linked with the offence in question. The recovery memo and the confessional statement of the applicant was recorded and thereafter the applicant was linked with the offence in question. In the said statement the name of other applicant Vishal @ Vishal Singh also surfaced and he was also linked with the offence in question on the basis of said statement. 5. Considering the submissions made at the bar prima facie the applicants were not named in the FIR and were linked with the offence based upon confessional statement and the subsequent statement of the informant. No reason was recorded as to why the name of the applicant Aditya was not mentioned in the FIR. The other pieces of evidence are prima facie weak. 6. Learned AGA has opposed the bail application. 7. Considering the facts and circumstances, however, without commenting upon the merits of the case, the applicants who are in jail since 11.12.2024 and have no criminal history are entitled to be enlarged on bail. In view thereof, the application is allowed. 8. Let the applicants Aditya Dev Mishra and Vishal @ Vishal Singh be released on bail in aforesaid FIR number on their furnishing personal bond with two sureties of Rs.20,000/- each to the satisfaction of court concerned with the following conditions: (a) The applicants shall execute a bond to undertake to attend the BAIL No. 5305 of 2025 2 hearings; (b) The applicants shall not commit any offence similar to the offence of which they are accused or suspected of the commission; and (c) The applicants 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. 9. However, the trial shall be expedited. November 26, 2025 J. K. Dinkar BAIL No. 5305 of 2025 3 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench