HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 4984 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 accused-applicant seeks bail in FIR/Case Crime No.892 of 2024 under sections 103(1), 3(5), 61(2), 238 of BNS, P.S. Kotwali Sadar, District Unnao. 3. In terms of the FIR, allegations were levelled that the son of the informant was in affair with one 'Nainsi' for the last two years and the said girl had come to the home of the informant thereafter, the family members were called in which the dispute occurred. It is stated that in the said dispute, the applicant was also present and since then, the enmity arose in between them. Subsequently, on 28.11.2024, the applicant took the son of the informant with him and subsequently, his phone was switched off and his body was recovered and was found in a mortuary, as such, an apprehension was expressed that the applicant had committed the offence along with his accomplish. The family members of 'Nainsi' were also named in the FIR. Subsequently, the applicant was linked with the offence in question based upon his confessional statement and a recovery of the Hammer. 4. In the said confessional statement, it was admitted/confessed that on account of the earlier dispute, an altercation took place in which the deceased tried to hit the applicant with a Hammer but somehow, he could Versus Counsel for Applicant(s) : Neeraj Singh, Smriti Counsel for Opposite Party(s) : G.A., Amit Tewari Shyam Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko .....Opposite Party(s) snatched the hammer from the deceased and he hit him back, which resulted in his death. The Hammer was also recovered at the instance and pointing out of the applicant and the two other co-accused. The cause of death, as per the postmortem report, is ante mortem injuries and multiple incised wounds were noticed on the face and lacerated wounds were present on the nostrils and on the back of skull as also on the parietal region. 5. In the light of the said, the submission of the counsel for the applicant is that apart from the confessional statement and the recovery of Hammer, no material exists to implicate the applicant with the offence in question. It is further argued that the family members of Nainsi have been exonerated and have not even been charge-sheeted and the applicant is not even the member of the family of Nainsi. Thus, according to the applicant, he has been falsely implicated. 6. The counsel for the informant and the learned AGA state that apart from the confessional statement and the recovery at the instance and pointing out of the applicant, the call detailed records also corroborates the presence of the applicant on the spot on question. It is further argued that the nature of the injuries reflected in the postmortem report indicates the grievous manner in which the offence has been committed. The statement of the brother of the deceased is also on record, who has deposed that a fight had taken place in between the applicant and the deceased and the deceased had beaten up the applicant, because of which, there was enmity. 7. Although perusal of the postmortem report, the manner in which the death has been caused is severe and as many as four injuries were also observed on the body of the deceased, however, the material to link the applicant with the offence is only the confessional statement and the recovery at the instance of three persons. The Call Detailed Records cannot be termed as conclusive evidence, apart from the same, the applicant is in custody since 02.12.2024 and even one witness has been examined, thus, the applicant who has no criminal history is entitled to bail. Thus the bail application is allowed. 8. Let the applicant BAIL No. 4984 of 2025 2 Shyam Kumar be released on bail in aforesaid FIR/Case Crime Number subject to his furnishing a personal bond and two reliable sureties 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. December 4, 2025 VNP/- BAIL No. 4984 of 2025 3 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench