SANVAR @ SANNAUVAR v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. LKO.
BAIL/1385/2025 · 2025-04-08
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 123263 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 123263 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:19723 Court No. - 6 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1385 of 2025 Applicant :- Sanvar @ Sannauvar Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. Counsel for Applicant :- Suneel Kumar Singh Kalhans,Shikha Srivastava,Yogesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.
2. This is the second bail application. The first bail application preferred by the applicant was rejected by means of the order dated 31.08.2024. While doing so, this Court had noticed that the allegations were leveled against one Chanda Bano and her sons of having killed the deceased on account of an enmity arising out of allegation of illicit relation in between the husband of the informant and Chanda Bano. It is argued that in the statement, it was stated that Chanda Bano and two other person had seen the incident, wherein the applicant was attacking the deceased with a knife, which resulted in his death.
3. While arguing the second bail application, it is argued that the statement of the witness Jahida Khatoon was recorded, however, in the cross examination, which is on record, she stated that she was not present at the site when the incident took place. He further argues that the said statement of eye witness, clearly discredits the version of the prosecution story. It is also argued that the applicant has no criminal history and is languishing in jail since 28.04.2023
4. Learned A.G.A. opposed the bail prayer by
arguing that apart from the said three witnesses, there are other eye witnesses also and the recovery of knife clearly implicates the applicant with the offence in question.
5. Considering the fact that the statement of the main witness is not corroborated entirely in the cross examination and discredits the prosecution witness coupled with the fact that there is no material on record to demonstrate that the applicant if enlarged on bail, would in any way adversely affect the trial as the main witness has already been examined and also taking into
consideration that the applicant has no criminal history. I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed.
6. Let the applicant Sanvar @ Sannauvar be released on bail in FIR/ Case Crime No. 135 of 2023, under Sections 302/34 IPC and Section 4/25 Arms Act, Police Station Dhanepur, District Gonda, on his furnishing personal bonds 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.
Order Date :- 8.4.2025 Arun Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench