HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9239 of 2024 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA for the State, Shri Vinayak Tiwari, holding brief of Shri Anubhav Awasthi, learned counsel for the informant and perused the record. 2. The applicant seeks enlargement on bail in FIR No. 408 of 2023, under Sections 147, 302, 201, 364, 376D IPC and Sections 5/6 POCSO Act, P.S. Raje Sultanpur, District Ambedkar Nagar. 3. Learned counsel for the applicant argues that the FIR in question was lodged as missing person report alleging that daughter of the informant aged about 16 and ½ years was missing. Subsequently the body was recovered and on the basis of the statement given on 29.9.2024 wherein apprehension was expressed that four to five persons named in the FIR might have caused the offence. It is argued by learned counsel for the applicant that the co-accused whose name also surfaced in the statement have been enlarged on bail vide separate orders. It has been stated that in one of the orders it was stated that the applicant was having affair with the applicant and thus there is no parity. 4. Irrespective of the said the name of the applicant surfaced alongwith the co-accused, apart from the fact that there is no specific evidence against the applicant. Versus Counsel for Applicant(s) : Santosh Kumar Srivastava, Km. Kanchan Lata Gaur, Subhash Chandra Yadav Counsel for Opposite Party(s) : G.A., Anubhav Awasthi, Pankaj Kumar, Rajeev Mishra Durgesh Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko .....Opposite Party(s) 4. Learned AGA has opposed the bail application. 5. Considering the facts and circumstances and the weak piece of evidence, however, without commenting upon the merits of the case, the applicant who is in custody since 15.2.2024 having no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Durgesh Kumar be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.20,000/- each to the satisfaction of 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. October 10, 2025 J. K. Dinkar BAIL No. 9239 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench