Allahabad High Court

AKASH @ BHUNDAversusSTATE OF UP

Decided: 14 September 2026
Bench: SAMEER JAIN

Holding

The applicant is entitled to be released on bail.

Summary

The High Court considered a bail application filed by Akash @ Bhunda, who was arrested in connection with a murder case (Crime No.163 of 2025) based solely on being the last person seen with the deceased. The FIR was initially lodged against an unknown person, but the investigation named the applicant as the accused without any corroborative evidence beyond the last‑seen testimony. The applicant's counsel argued that the lack of additional evidence and the applicant's clean criminal record, coupled with more than ten months of pre‑trial detention, warranted bail. The State opposed bail but did not dispute the factual submissions. The Court held that, given the purely circumstantial nature of the evidence and the applicant's personal circumstances, bail was appropriate. Consequently, the bail application was allowed subject to a personal bond, sureties, and standard conditions.

Issues considered

Whether bail can be granted when the prosecution's case rests solely on last‑seen circumstantial evidence without corroboration
Whether the applicant's lack of criminal history and prolonged pre‑trial custody justify the grant of bail

Legislation cited

Indian Penal Code — s. 103(1), 238(a), 309(6)

Subjects

bail
circumstantial evidence
last seen evidence
pre‑trial detention
criminal history
murder
Uttar Pradesh
High Court

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31226 of 2026

Akash @ Bhunda
.....Applicant(s)
Versus

State of U.P.
.....Opposite
Party(s)

Counsel for Applicant(s) : Amar Jeet Upadhyay
Counsel for Opposite Party(s) : G.A.

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.
BAIL No. 31226 of 2026
2

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
3

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.

(Sameer Jain,J.)
September 15, 2026
Shahroz

Digitally signed by :-
SHAHROJ ALAM
High Court of Judicature at Allahabad

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