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2025 DAILYLAW 129196 (ALL)

CHHOTEY LAL v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME U.P. LKO.

BAIL/2358/2025 · 2025-03-20

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:16332 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2358 of 2025 Applicant :- Chhotey Lal Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. Counsel for Applicant :- Farhan Alam Osmany,Abdul Muqeet Khan Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Farhan Alam Osmany, the learned counsel for the applicant and Sri Mohd. Asif Khan, learned AGA-I for the State. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 531/2024, under Sections 137(2), 103(1), 238(A) of B.N.S., Police Station Shahabad, District Hardoi. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 19.10.2024 stating that the informant's son aged 11 years had gone missing while he was playing in a park in the evening of 18.10.2024. It was also mentioned in the FIR that the informant had gone to the park and asked his son to go home but he kept playing and the informant had come back. 4. The dead body of the child was found in a sugar cane field in a decomposed condition on 23.10.2024. In the post mortem examination report, the hyoid bone was found fractured. 5. During investigation, a witness Tika Ram stated that the child was playing in the house of the applicant along with his children and thereafter he was not seen. After this statement, the applicant was taken into custody and in his custodial statement, he stated that the child had hit a brick wall while running and had fallen unconscious. The applicant had taken him inside his home but when he did not regain consciousness, he got afraid that his son may be entangled in the matter. Therefore, the applicant took the child to a sugar cane field and killed him by strangulation. 6. 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. 7. Learned AGA-I has vehemently opposed the bail application but he has accepted that besides custodial confessional statement there is no other material against the applicant. A charge sheet has already been submitted on 17.11.2024. The applicant is languishing in jail since 16.11.2024. 8. Having considered the aforesaid facts and circumstances of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 8. Accordingly, this bail application stands allowed. 9. Let the applicant-Chhotey Lal 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 :- 20.3.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench