HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 5303 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. The counter affidavit filed today on behalf of the complainant is taken on record. 2. Heard learned counsel for the applicant as well as learned A.G.A. and learned Counsel for the complainant. 3. The applicant seeks enlargement on bail in FIR No.468 of 2024, under Sections 140(1), 103(1), 238, 309(4), 317(2) of BNS, Police Station Chinhat, District Lucknow. 4. As per the FIR, it was alleged that the elder brother of the informant, who was working as a delivery boy in a delivery company, had taken certain goods for delivery and did not return. Subsequently, the informant received information that the applicant and co-accused Gajanand had murdered him and thereafter thrown his body into a canal. The FIR was lodged on 30.09.2024. The statement of a witness was recorded wherein it was stated that the applicant and the co-accused were placing a bag in the Wagon R and, upon being questioned, immediately closed the boot space. The applicant was later apprehended and his confessional statement was recorded wherein he admitted that co-accused Gajanand had strangulated the deceased with an electric wire and thereafter both had thrown the body in the canal. He also admitted that his role was to hold the deceased Versus Counsel for Applicant(s) : Vijay Prakash Srivastava Counsel for Opposite Party(s) : G.A., Amit Kumar Singh, Surya Prakash Singh Akash Sharma .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. .....Opposite Party(s) while the co-accused strangulated him. It was also admitted that the role of the applicant is catching hold of the deceased. 5. In the light of the aforesaid allegations, the submission of the counsel for the applicant is that the applicant was linked with the offence in question based upon the statement, which suggests the last seen, however, even in terms of the said witness, none of the witness had deposed that they have seen the body of the deceased. He further argues that the confessional statement of the applicant was recorded under duress and has no evidentiary value. 6. The Counsel for the informant opposed the bail prayer by arguing that in the CCTV footage also, the applicant was seen along with the jute bag, in which the body was allegedly concealed, and thereafter thrown the body in the canal. He further argues that the analysis report of the video footage shows that the deceased was seen going inside. It is argued that CDR analysis also suggests that the applicant had committed the offence. Thus, there are sufficient evidence against the applicant and considering the gravity of the offence, the bail application should be rejected. 7. Learned A.G.A. also vehemently opposed the bail prayer. 8. Considering the aforesaid submissions, prima facie, the applicant has been linked with the offence based upon the apprehension expressed; CCTV footage and the statement of the witnesses showing the applicant along with bag being taken up in a Wagon R car; the statement of the informant is going on, as such, there is no likelihood of the trial being concluded in near future; the applicant has no criminal case and is in custody since 01.10.2024; prima facie the evidence collected against the applicant are weak, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. 9. Accordingly, the bail application is allowed. 9. Let the applicant Akash Sharma be released on bail in the abovesaid first information report number on his furnishing personal bonds and two reliable sureties of the like amount each to the satisfaction of the court concerned with the following conditions: BAIL No. 5303 of 2025 2 (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 25, 2025 akverma BAIL No. 5303 of 2025 3 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench