HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11413 of 2024 ALONG WITH CRIMINAL MISC. BAIL APPLICATION No. - 11414 of 2024 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicants, learned AGA and perused the record. 2. The applicants seek enlargement on bail in FIR No.0376 of 2024, under Section 302, 201 IPC, P.S. Kotwali Nagar, District Gonda. Versus Counsel for Applicant(s) : Ripu Daman Shahi, Arvind Kumar, Palak Sahai Gupta, Pramod Kumar Khare, Rachna Shukla, Saurabh Singh Counsel for Opposite Party(s) : G.A., Arvind Kumar Tiwari, Ayodhya Prasad Mishra A.P. Mishra, Rajeev Kumar Mishra Rudra, Rituraj Mishra, Shesh Ram Verma Versus Counsel for Applicant(s) : Saurabh Singh, Arvind Kumar, Palak Sahai Gupta, Pramod Kumar Khare, Rachna Shukla, Ripu Daman Shahi Counsel for Opposite Party(s) : G.A., Ayodhya Prasad Mishra A.P. Mishra, Rajeev Kumar Mishra Rudra, Rituraj Mishra, Shesh Ram Verma Shiva Kanaujia .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) Ram Newatia .....Applicant(s) State Of U.P. Thru. Prin. Secy. (Home) .....Opposite Party(s) 3. In terms of the FIR it was alleged that on account of payment of certain money, son of the informant was taken in a car by the applicants and thereafter, he was killed. Two postmortem examinations were conducted: in the first postmortem, cause of death was shown as cardiogenic arrest shock, two abrasion injuries were noticed on the lower chest and right knee; second postmortem report shows the cause of death as antemortem throttling and injury on the forearm, forehead and eyebrow etc., were noticed. 4. In the light of the said, learned counsel for the applicants argues that there are no eyewitnesses to the incident and the postmortem report on record do not directly implicate the applicants and thus, the applicants are being prosecuted on the basis of last seen theory. The applicants are in custody since 31.05.2024. 5. Learned AGA has opposed the bail application. 6. Considering the pre-trial detention suffered by the applicants which is more than 1 & 1/2 years and the evidence to link the applicants which is last seen theory, the applicants are entitled to be enlarged on bail. In view thereof, the applications are allowed. 7. Let the applicants Shiva Kanaujia and Ram Newatia be released on bail in aforesaid FIR number on their furnishing a personal bond each with two sureties of the like amount each to the satisfaction of court concerned with the following conditions: (a) The applicants shall execute a bond to undertake to attend the hearings; (b) The applicants shall not commit any offence similar to the offence of which they are accused or suspected of the commission; and (c) The applicants 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 20, 2025 nishant BAIL No. 11413 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench