HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 7750 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. The applicant seeks enlargement on bail in FIR No. 374 of 2024, under Sections 103(1), 238(A), 309(6), 317(2), 109(1) BNS, PS Behta Mujawar, District Unnao. 3. Learned counsel for the applicant argues that in terms of FIR it was alleged that grandmother of informant aged about 90 years had gone to the bank alongwith applicant on a motorcycle and thereafter she was missing. Subsequently the body of the deceased was recovered on 31.12.2024 at about 11:23 and the applicant was linked with the offence based upon a recovery cum arrest memo which is on record as annexure 5. In the said arrest memo it was shown that at around 11:00 on 31.12.2024 two person were seen on a motorcycle and were chased. The attacked police party by firing however no one was affected. Subsequently in police firing one of the accused suffered gunshot injury on leg and thereafter it was recorded that from the accused one earing and bangle was recovered and they also confessed to have committed the offence in question. 4. It was argued by learned A.G.A. for the State that on the instance of pointing out of the applicant the body was recovered. Versus Counsel for Applicant(s) : Gulam Mustafa Counsel for Opposite Party(s) : G.A. Rakesh .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. .....Opposite Party(s) 5. In the light of the said learned counsel for the applicant argues that the arrest memo shows the arrest at about 11:00 and the recovery at about 11:43 which clearly is an overwriting as is evident from the form no. 30 annexed as annexure 6. On the basis of said infirmities it is argued that apart from confessional statement and alleged recovery no material exists to link the applicant with the offence in question. It is further argued that there were no independent witness to the recovery as is evident from annexure 5. 6. Learned AGA has opposed the bail application. 7. Considering the inherent infirmities in arrest memo and the only material to link applicant with the offence being a confessional statement and there being no independent witness, however, without commenting upon the merits of the case, the applicant who is in jail since 31.12.2024 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. 8. Let the applicant Rakesh be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.20,000/- each to the satisfaction of 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 J. K. Dinkar BAIL No. 7750 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench