HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 494 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant as well as learned AGA for the State. Whereas, no one has put in appearance on behalf of the informant despite notice. 2. The accused-applicant seeks bail in FIR/Case Crime No.27 of 2023 under Sections 377, 302 of IPC, P.S.- Kotwali Karnailganj, District- Gonda. 3. In terms of the FIR, it was alleged that the uncle of the informant who was mentally challenged as well as deaf and dumb went outside, subsequently, his body was recovered and apprehension was expressed that wrong was committed on him. Post mortem report on record indicates the cause of death as ante mortem throttling. Injuries were also sustained by the victim in the anal area. 4. In the light of the said, learned counsel for the applicant submits that there are no eye witnesses to the alleged incident and based upon the apprehension, the applicant has been linked to this offence. 5. Learned AGA has opposed the bail application by arguing that the applicant was linked with the offence solely based upon the statement of the witnesses wherein the deceased was last seen with the applicant. 6. Considering the facts and circumstances and the material to suggest the Versus Counsel for Applicant(s) : Sanjay Prakash Tiwari, Rashmi Singh Counsel for Opposite Party(s) : G.A. Sanjay Gautam .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko .....Opposite Party(s) involvement of the applicant in the present case being weak, coupled with the fact that the applicant is in custody since 18.01.2023 and has no previous criminal antecedent, I am of the view that the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed. 7. Let the applicant- Sanjay Gautam be released on bail in aforesaid FIR/Case Crime Number subject to his furnishing a personal bond and two fresh reliable sureties of Rs.30,000/- (Thirty Thousand) each of the like amount 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. November 24, 2025 V. Sinha BAIL No. 494 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench