HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 1288 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, Rishi Raj Mishra, learned counsel for the informant as well as learned AGA for the State. 2. The accused-applicant seeks bail in FIR/Case Crime No.204 of 2024 under Sections 103(1), 61(2) BNS, P.S.- Jethwara, District- Pratapgarh. 3. In terms of the FIR, it was alleged that on 04.08.2024 at about 09:00 PM, the younger brother of the informant aged about 37 years was on his brick kiln and some unknown persons had killed him by a fire armed injury on the head as informed by the watchman. No one was named in the FIR. Subsequently the applicant was linked with the offence in question based upon the apprehension and confessional statement of the co-accused made during the encounter with the police authorities. 4. In terms of the said averments as well as the statement of the co-accused, the contention of the learned counsel for the applicant is that apart from the confessional statement and the alleged recovery in the police encounter, no material exists to link the applicant with the offence in question. It is further argued that applicant is in custody since 19.08.2024 and having no criminal history prior to the offence in question. Although, based upon apprehension, subsequent cases have been lodged against him. It is further argued that the co-accused- Anil had admitted that he had caused the fire arm injury which Versus Counsel for Applicant(s) : Ashok Kumar Srivastava, Avinash Srivastava Counsel for Opposite Party(s) : G.A., Anurag Kumar Singh, Rishi Raj Mishra Rajendra Kumar Patel @ Bacholi .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Govt. Sectt. Lko .....Opposite Party(s) is co-related to the reasons of death as per the postmortem report on record. The cause of death as per the post mortem report on record is ante-mortem firing. 5. Learned counsel for the informant while opposing the bail application has argued that the deceased had given certain money and to avoid the payment of the said money, all the co-accused persons had committed the offence in question. It is further argued that in the CDR records during investigation, it transpires that prior to the incident, all the accused were talking to each other, however, after the date of the alleged incident, they stopped talking which clearly points towards the involvement of the accused including the applicant. He, however does not deny the fact that prior to the offence in question, applicant was not implicated in any case. 6. Learned AGA has opposed the bail application. 7. Considering the fact that the applicant has been made accused in the present case based upon the confessional statement of the co-accused and the recovery was made without the presence of any independence witness. The said being weak pieces of evidence coupled with the fact that the applicant has suffered pre-trial detention and is in custody since 19.08.2024, I am of the view that the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed. 8. Let the applicant- Rajendra Kumar Patel @ Bacholi be released on bail in aforesaid FIR/Case Crime Number subject to her furnishing a personal bond and two reliable sureties of Rs.20,000/- (Twenty Thousand) 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. BAIL No. 1288 of 2025 2 9. BAIL No. 1288 of 2025 2 9. It is made clear that the bail of the applicant shall not be considered as a ground of bail while considering the bail application of the other co-accused persons. October 31, 2025 V. Sinha BAIL No. 1288 of 2025 3 (Pankaj Bhatia,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench