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2025 DAILYLAW 124952 (ALL)

AMIT KUMAR SONI @ NANA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/1634/2025 · 2025-03-26

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:17368 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1634 of 2025 Applicant :- Amit Kumar Soni @ Nana Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Smriti Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Ms. Smriti, learned counsel for the applicant, Sri Ashok Srivastava, learned AGA and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 123/2024, under Sections 103(1), 61(2), 238 & 191 BNS, Police Station Hasanganj, District Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 27.09.2024 against four named persons, not including the applicant, stating that the informant's younger brother had gone out of his home at about 10-11 a.m. on 29.04.2024 but he did not come back. A missing report was lodged on 16.09.2024. On 23.09.2024, a skeleton was recovered in Kukrail Jungle. The informant went to Kukrail Jungle and found his brother's voter identity card laying near the skeleton and there was a metallic plate in the leg of the skeleton from which he identified the skeleton has belonging to his brother. The informant stated that his brother was alcoholic and the named accused persons used to consume liquor with him. Due to some dispute between them, the accused persons had killed him. In the post mortem examination report, it has been stated that the dead body had decomposed and converted into a skeleton, some hard tissues were attached to the bone, maggots had developed in the dead body and there was foul smell. Cause of death could not be ascertained. 4. In the statement of the informant recorded by the Investigating Officer, he stated that besides the persons named in the FIR, some other persons, including the applicant, were friends of the deceased and they used to eat and drink together. Disputes kept on emanating between them due to money spent in eating and drinking. No other allegation was levelled against the applicant. 5. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. 6. The co-accused Brijesh Sharma who was also not named in the FIR and whose name surfaced in the statement of the informant, has been granted bail by means of an order dated 21.03.2025 passed by this Court in Criminal Misc. Bail Application No. 2395 of 2025. 7. Keeping in view the aforesaid facts and circumstances of the case, I am of the view that the applicant is entitled to be released on bail in the aforesaid crime. 8. Accordingly, this bail application stands allowed. 9. Let the applicant-Amit Kumar Soni @ Nana be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court. . [Subhash Vidyarthi, J.] Order Date :- 26.3.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench