HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10951 of 2024 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. 294 of 2022, under Sections 302, 201 IPC, P.S. Imaliya Sultanpur, District Sitapur. 3. Learned counsel for the applicant argues that in terms of FIR lodged on 16.7.2022 it was alleged that the 10 years old son of the informant had gone out on 9.7.2022 and did not return back. Subsequently his half drowned body was found. It was stated that at the time of recovery of body the informant did not suspect any one. Subsequently an information was received that the applicant had committed the offence in question and three witnesses saw that the applicant was with the son of the informant. Cause of death as per post mortem report is ante mortem smothering. The statement of three witnesses indicates that the child was seen with the applicant. 4. Learned AGA has opposed the bail application. 5. Considering the the fact that the FIR was lodged after about a delay of 7 days and the statement of the witness only purport to link the applicant with the offence based upon last seen theory and there are no eye witness to the incident coupled with the fact that no motive had been attributed to the applicant, however, without commenting upon the merits of the case, the applicant who is in jail since 16.7.2022 and has no criminal history is Versus Counsel for Applicant(s) : Dilip Kumar Singh Chauhan Counsel for Opposite Party(s) : G.A. Mahipal .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Mahipal 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 31, 2025 J. K. Dinkar BAIL No. 10951 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench