HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9486 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard Shri Shishir Pradhan, learned counsel for the applicant, Shri Rakesh Kumar Mishra, learned counsel appearing for the informant as well as learned A.G.A. for the State and perused the material available on record. 2. The applicant seeks enlargement on bail in F.I.R./Case Crime No. 0145 of 2025, under Section 103(1) of B.N.S., 2023 Police Station Maharajganj, District Raebareli. 3. The F.I.R. in question was lodged on 03.06.2025 under Section 103(1) of BNS, alleging that the brother of the informant aged about 40 years, had gone to 'tubewell' on 03.06.2025 at about 8:00 am. and, thereafter, the informant had also gone and subsequently on the next date, an information was received that the brother of the informant was lying in a pool of blood and, the weapon, which is a 'favda' was found adjacent thereto. No one was named in the F.I.R, subsequently, in the F.I.R., the cause of death was shown as 'antemoretem injuries' on account of hard and sharp object, the applicant was named with the offence in question, based upon the statement of the third party, who had seen the applicant near the incident. 4. In the light of the said, the submission of counsel for the applicant is that, apart from the hearsay statement, based upon the 'last seen theory', there is no corroborated material linked with the offence in question. It is further argued that even, the recovery of 'favda', allegedly used for commission of the offence was not linked with the applicant. 5. Learned A.G.A. as well as learned counsel for the informant has opposed the bail application by arguing that 'favda' in question, has been sent for forensic examination and the report of the same is awaited. It is not disputed that the applicant has no criminal antecedents and is in custody since Versus Counsel for Applicant(s) : Shishir Pradhan Counsel for Opposite Party(s) : G.A. Rammanohar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko .....Opposite Party(s) 08.06.2025 and is aged about 58 years. 6. Considering the fact that the F.I.R. was lodged against unknown persons, the name of the applicant surfaced only to statement of the third person, the applicant has been linked with the offence only on the basis of 'last seen theory' and, there being no material to link the applicant with 'favda' allegedly used for commission of the offence, primafacie, a case for bail is made out, particularly when the applicant is in custody since 08.06.2025 without any criminal antecedents. Thus, the bail application is allowed. 7. Let the applicant- Rammanohar be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of like amount 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 7, 2025 Praveen BAIL No. 9486 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad, Lucknow Bench