HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 7353 of 2024 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. The applicant seeks enlargement on bail in FIR No. 130 of 2024 under sections 302, 394, 411 IPC, P.S. Gazipur, District Lucknow. 3. Learned counsel for the applicant argues that in terms of FIR it was alleged that brother in law of informant was murdered by some unknown persons. No one was named in the FIR. Subsequently based upon CCTV footage wherein the applicant was seen near the place of incident the applicant was linked with the offence in question. Thereafter confessional statement of the applicant was recorded wherein he admitted to have committed the offence in question by throttling. Recovery of certain money and bullion was also recovered from the applicant. In the light of the said allegations the submission of learned counsel for the applicant is that the applicant even in terms of CCTV footage was not seen having committed the offence. He further argues that the recovery is not in presence of independent witness. The applicant has no criminal history. 4. Learned AGA has opposed the bail application. 5. Considering the evidence to link the applicant with the offence in question to be primarily weak coupled with the fact that the applicant has suffered pre trial detention of almost one and half years, however, without Versus Counsel for Applicant(s) : Rahul Kumar Kaushal, Archana Rawat, Brijesh Kumar Singh Counsel for Opposite Party(s) : G.A. Akash Balmiki .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko. .....Opposite Party(s) commenting upon the merits of the case, the applicant who is in jail since 31.3.2024 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Akash Balmiki 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. November 12, 2025 J. K. Dinkar BAIL No. 7353 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench