HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11863 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.246 of 2023, under Section 302, 201 IPC, P.S. Jankipuram, District Lucknow. 3. In terms of the FIR it was alleged that brother of the informant aged about 45 years was staying for one month at Lucknow and someone had killed him and had thrown the body near a canal; no one was named in the FIR. Subsequently, a suicide note was also recovered in which it was written that there are three persons who can kill him. Subsequently, the body of the victim was taken and inquest was done in which an opinion was formed that on account of heavy intoxication, the victim might have died. In the postmortem report, cause of death was shown as antemortem strangulation, although, no abnormality was noted in the hyoid bone. 4. In the light of the said, submission of learned counsel for the applicant is that apart from the apprehension expressed, there is no material to link the applicant with the offence in question. There are no eyewitnesses to the incident and the applicant is languishing in jail since 13.10.2023. The applicant is aged about 62 years having no criminal antecedents. 5. Learned AGA has opposed the bail application. Versus Counsel for Applicant(s) : Rampyare Singh, Prashant Singh, Rahul Kumar Singh Counsel for Opposite Party(s) : G.A. Birju @ Brijlal Raidas .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. .....Opposite Party(s) 6. Considering the nature of the allegations, the suicide note, postmortem report and there being no substantial evidence to link the applicant with the offence in question coupled with the fact that the applicant has suffered pre- trial detention of almost two years and has no criminal antecedents, the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed. 7. Let the applicant Birju @ Brijlal Raidas be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of the like amount 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. November 28, 2025 nishant BAIL No. 11863 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench