HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 7360 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 accused-applicant seeks bail in FIR/Case Crime No.176 of 2025 under section 103(1), 3(5) BNS, P.S. Pasgawan, District Kheri. 3. In terms of the FIR, it was alleged that the son of the informant had gone out of home and when he did not come, an information was received that he had committed suicide by hanging in a constructed hospital. It was alleged that the applicant along with the co-accused had committed the offence and thereafter hanged him. It was also stated that the informant had seen both the accused coming out from the place of the incident. 4. In the light of the said allegations, the counsel for the applicant draws my attention to the postmortem report which indicate the presence of contusion over top of the head; the ligature mark over all around the neck; abraded contusions over back of the neck, side of the neck; and four other abraded contusions and abrasions were seen. 5. The counsel for the applicant argues that apart from the allegations levelled, there are no eye witnesses to the incident and even when the FIR was lodged, no name of the applicant was taken. He also draws my attention to the inquest report wherein a prima-facie view was expressed that the cause of death is hanging. Versus Counsel for Applicant(s) : Aman Kumar Shrivastav, Amresh Singh, Shitla Prasad Tripathi Counsel for Opposite Party(s) : G.A. Bablu @ Aslam .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home U.P. Lko. .....Opposite Party(s) 6. Learned AGA while opposing the bail application argues that the hyoid bone was found to be fractured and thus, the cause of death was shown as ante-mortem strangulation. No recovery has been effected from the applicant. The co-accused has given a confessional statement wherein he admitted having committed the offence in question. He also stated that no one was present with him. 7. In the light of the arguments as recorded above, prima-facie, apart from the apprehension expressed in the FIR of last seen theory and there being no recovery from the applicant and there are no eye witnesses to the incident, as such, the applicant who is in custody since 29.05.2025 and has no criminal history is entitled to bail. Thus the bail application is allowed. 8. Let the applicant Bablu @ Aslam be released on bail in aforesaid FIR/Case Crime Number subject to his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the 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 14, 2025 VNP/- BAIL No. 7360 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench