HIMANSHU YADAV v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME LKO.
BAIL/4710/2025 · 2025-10-09
Pankaj Bhatia
body2025
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[ 2025 DAILYLAW 142020 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 142020 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 4710 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J.
1. Heard Sri Parth Anand, learned counsel for the applicant as well as learned A.G.A. and perused the record. 2. The applicant seeks enlargement on bail in FIR No.227 of 2024, under Section 302, 201 IPC, Police Station Harchandpur, District Raebareli. 3. The FIR in question was lodged alleging that the son of the applicant was taken by the applicant along with his two friends around 3-4 days ago. Subsequently, his body was recovered, as such, based upon the said allegation, apprehension was expressed that it was the applicant, who committed the offence. Subsequently, based upon the confessional statement and a recovery after three days, the applicant has been arrested along with two other co-accused. 4. The Counsel for the applicant argues that one of the co-accused has been enlarged on bail. Although he does not claim party with him as he was not named in the FIR. With regard to the other aspect, parity is claim with the other co-accused. It is further argued that the recovery was effected after three days without there being any independent witness to the recovery and apart from the confessional statement and the alleged recovery, there is no material to link the applicant with the offence in question. He further argues that the applicant has no criminal antecedents and is in custody since 18.06.2024. Versus Counsel for Applicant(s) : Parth Anand, Bhupendra Singh Bisht, Nadeem Murtaza Counsel for Opposite Party(s) : G.A., Jaikaran Himanshu Yadav .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. .....Opposite Party(s)
4. Sri Jaikaran, learned Counsel for the complainant and learned A.G.A. vehemently opposed the bail prayer. 5. Considering the material on record, prima facie, there is no material to link the applicant with the offence in question is allegedly absent and without going into the merits and the fact that the applicant is in custody since 18.06.2024 and has no criminal antecedents and there is nothing on record to demonstrate that the applicant if enlarged on bail, would in any way adversely affect the trial, 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 Himanshu Yadav be released on bail in the abovesaid first information report number on his furnishing personal bonds and two reliable sureties of Rs.20,000/- each 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. October 9, 2025 akverma BAIL No. 4710 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench