HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31226 of 2026 Court No. - 65 HON'BLE SAMEER JAIN, J. 1. Supplementary affidavit filed by the applicant is taken on record. 2. Heard Sri Amar Jeet Upadhyay, learned counsel for the applicant and Sri Ashutosh Singh, learned AGA for the State. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.163 of 2025, under Sections 103(1), 238(a), 309(6) BNS, Police Station Lalkurti, District Meerut, during pendency of the trial. 4. Learned counsel for the applicant submits, FIR of the present case was lodged against unknown person but during investigation on the basis of evidence of last seen applicant has been made accused in the present matter. 5. He next submits, in absence of any other corroborative evidence merely on the basis of evidence of last seen prima facie it cannot be said that applicant committed murder of the deceased. 6. He further argued, applicant is not having any criminal history and in the present matter he is in jail since 24.10.2025 i.e. for last more than ten months. 7. Per contra, learned AGA however opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. Versus Counsel for Applicant(s) : Amar Jeet Upadhyay Counsel for Opposite Party(s) : G.A. Akash @ Bhunda .....Applicant(s) State of U.P. .....Opposite Party(s) 8. I have heard both the parties and perused the record of the case. 9. It is a case of circumstantial evidence and nobody was named in the FIR but during investigation on the basis of evidence of last seen applicant has been made accused in the present matter. It reflects, except evidence of last seen there is no other evidence against the applicant on record. This Court finds merit in the argument advanced by learned counsel for the applicant that in absence of any other corroborative evidence merely on the basis of last seen evidence prima facie it cannot be said that applicant committed murder of the deceased. 10. Further, applicant is not having any criminal history and in the present matter applicant is in jail since 24.10.2025 i.e. for last more than ten months. 11. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicant - Akash @ Bhunda be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 14. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of BAIL No. 31226 of 2026 2 the bail of the applicant. 15. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. September 15, 2026 Shahroz BAIL No. 31226 of 2026 3 (Sameer Jain,J.) Digitally signed by :- SHAHROJ ALAM High Court of Judicature at Allahabad