HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8750 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.319 of 2023, under Section 302, 201 IPC, P.S. Pali, District Hardoi. 3. In terms of the FIR allegations were levelled that on 18.08.2023 son of the informant was playing with a toy where the applicant was also sitting and when the informant went to call the child, he was not found. Subsequently, his body was found near the bushes in an injured condition. Subsequently, he was declared brought dead. The applicant was named in the FIR based upon last seen with the deceased. In terms of the two witnesses also, it was stated that the applicant was seen near the bush where the body was found. Based upon the said evidences, the applicant was linked with the offence in question. Cause of death, as per the postmortem report, is antemortem injury. 4. Submission of learned counsel for the applicant is that the fact witnesses except one witness have been examined - their testimonies have been filed alongwith the supplementary affidavit which is on record. The applicant is in custody since 23.08.2023 and has no criminal antecedents. 5. Learned AGA has opposed the bail application. Versus Counsel for Applicant(s) : Manoj Kumar Shukla, Atul Verma, Hari Krishna Verma, Sanjeet Kumar Patel, Sudhanshu Verma Counsel for Opposite Party(s) : G.A. Ambuj Pandey .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home .....Opposite Party(s) 6. Considering the facts that there are no eyewitnesses to the incident, the applicant was linked to the offence based upon last seen theory, both of the fact witnesses have been examined and there is no material to suggest that the applicant, if enlarged on bail at this stage, can adversely affect the trial, as such, the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed. 7. Let the applicant Ambuj Pandey 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. December 10, 2025 nishant BAIL No. 8750 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench