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2025 DAILYLAW 115912 (ALL)

OM PRAKSH @ PUTTAN YADAV AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/348/2025 · 2025-10-09

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 348 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard Ms Pooja Singh, learned counsel for the applicants, learned AGA and perused the record. 2. The applicants seeks enlargement on bail in FIR No.440 of 2024, under Section 105 BNS, P.S. Unchahar, District Raebareli. 3. Learned counsel for the applicants argues that the FIR in question was lodged alleging that on 6.12.2024 the co-accused had an altercation with the deceased Anup Verma who was subsequently admitted by them to hospital. When the informant went to hospital it was informed that Anup Verma had already died. Learned counsel for the applicants argues that in terms of statement of medical officer, the cause of death are rupture of lever and hemorrhagic shock which were also likely to happen because of the electrocution. However no final view could be given by him. 4. The statement of one of the witness on record state that the deceased was carrying out some construction work and electric line was running and he was asked by the accused to remove the same in which he fell and thereafter was taken to hospital. The post mortem report on record indicates the cause of death as hemorrhagic shock and injuries were also noticed on the body. 5. Considering the nature of allegations levelled and the material as Versus Counsel for Applicant(s) : Dilip Kumar Pandey, Badrus Sahar, Lal Bahadur Khan, Mahendra Pratap Singh, Manoj Kumar Dixit, Pooja Singh, Shashi Dhar Pathak Counsel for Opposite Party(s) : G.A. Om Praksh @ Puttan Yadav And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) referred above prima facie there is allegations against the applicants of having done something so as to punish the deceased for an offence under Section 105 BNS. Apart from the same the applicants have no criminal history and they are in custody since 13.12.2024. 6. Learned AGA has opposed the bail application. 7. Considering the facts and circumstances, however, without commenting upon the merits of the case, the applicants are entitled to be enlarged on bail. In view thereof, the application is allowed. 8. Let the applicants Om Prakash @ Puttan Yadav and Ankush Yadav be released on bail in aforesaid FIR number on their furnishing personal bond with two sureties of Rs.20,000/- each to the satisfaction of court concerned with the following conditions: (a) The applicants shall execute a bond to undertake to attend the hearings; (b) The applicants shall not commit any offence similar to the offence of which they are accused or suspected of the commission; and (c) The applicants 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. 9. The observations made above are for the purpose of grant of bail only. October 9, 2025 J. K. Dinkar BAIL No. 348 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench