HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 5507 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.0110 of 2025 under section 61(2), 103(1), 3(5) BNS and section 4/25 Arms Act, P.S. PGI, District Lucknow. 3. In terms of the FIR, allegations were levelled that on 05.03.2025, the son of the informant had gone along with his friend for birthday party and at 8:00 pm, where all the accused named in the FIR were drinking near CL Hospital from where, the brother of the informant was passing by, he scolded them for drinking and thereafter he left. It is further stated that one of the person who was drinking came back home at night and was drunk, as such, the whereabouts of the son were not asked. Subsequently, it was informed that the body of the son of the informant was found in the hospital and apprehension was expressed that the said persons had committed the offence. The cause of death, as per the postmortem report is, ante-mortem injuries which is stab wound on the left side of the neck and two abraded were of contusions on the right knee. Subsequently, on the basis of the confessional statement, the applicant and the other co-accused were linked with the offence in question. 4. In terms of the confessional statement, it was alleged that the co-accused Versus Counsel for Applicant(s) : Devendra Pratap, Shashank Shekhar Singh Counsel for Opposite Party(s) : G.A. Amir .....Applicant(s) State Of U.P. Thru Sec. Home Deptt .....Opposite Party(s) Shiva had attacked him with a knife on the neck and as regards the applicant, the role of holding the legs was assigned to him. 5. The counsel for the applicant states that in terms of the confessional statement, the role of hitting the deceased with the knife was assigned to the co-accused Shiva and from the applicant, a knife, which was a separate knife was recovered, which was not even bloodstain. It is also argued that there were no independent witnesses to the said recovery. 6. Considering the fact that the applicant was linked with the offence based upon the confessional statement, and the recovery of a knife, which had no bloodstains and was not done in the presence of any independent witnesses coupled with the fact that the even in terms of the confessional statement, the offence was committed by the co-accused Shiva, the applicant who is in custody since 07.03.2025 and has no criminal history is entitled to bail. Thus the bail application is allowed. 5. Let the applicant Amir 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. 5507 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench