HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9814 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 applicant seeks enlargement on bail in FIR No.16 of 2025 under Section 310(3) BNS, P.S. Bakshi Ka Talab, District Lucknow. 3. Learned counsel for the applicant argues that in terms of FIR it was alleged that son of the informant was working as watchman and on 9.1.2025 he had gone to attend his duties. Subsequently it was apprehended that certain unknown persons had committed the offence in question. The independent witness who report with regard to the incident did not take the name of the applicants. Subsequently on the basis of confessional statement cum recovery the applicant was linked with the offence in question. The submission of learned counsel for the applicant is that as the applicant is wanted in four cases of theft, he has been linked with the offence in question without there being any other material. 4. Learned AGA on the other hand argues that apart from confessional statement, the perusal of the CCTV footage also show that the applicant alongwith other co accused were seen near the date of the incident. 5. Learned counsel for the applicant on rejoinder argues that the CCTV footage is at a distance of about 2 kilometers from the place of incident. 6. Apart from the said submissions noted above it is clear that the Versus Counsel for Applicant(s) : Mohd. Tariq, Bhanu Pratap Singh Counsel for Opposite Party(s) : G.A. Kunal Gupta .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. .....Opposite Party(s) applicant has been linked based upon the confessional statement and there is no direct evidence against him coupled with the fact that the cases against the applicant are of theft, thus the applicant is in custody on the basis of weak pieces of evidence. 7. Learned AGA has opposed the bail application. 8. Considering the facts and circumstances, however, without commenting upon the merits of the case, the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed. 9. Let the applicant Kunal Gupta 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 13, 2025 J. K. Dinkar BAIL No. 9814 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench