SARVAJIT SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO
BAIL/7402/2024 · 2025-04-18
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 146707 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 146707 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:22119 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7402 of 2024 Applicant :- Sarvajit Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Ajeet Kumar Singh,Smriti Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Ms. Smriti, learned counsel for the applicant and Sri Arvind Kumar Pandey, learned A.G.A.
2. This application has been filed seeking release of the applicant on bail in F.I.R./Case Crime No. 263 of 2023, under Sections 34, 120-B, 302 I.P.C., Police Station Sawayajpur, District Hardoi. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 10.12.2023 against three persons, namely, Hari Singh alias Saurabh Singh, Ramshree alias Chutkanna and Sarvajeet Singh (applicant) stating that dead-body of the informant's sister was found at the bank of Ramganga River on
08.10.2023. On 06.12.2023 the informant was informed that the medico-legal report had been received by the Police, which disclosed that his sister had been killed due to a head injury on
07.10.2023. His friend Ravindra Kumar Srivastava had told him that on 7.10.2023 he had seen that the informant's sister Mina, her husband Sarvajeet Singh (applicant), Hari Singh alias Saurabh Singh, and Ramshree alias Chutkanna were talking in loud voices, but as they were family members and relatives, he did not say anything. He further states that on 08.12.2023 his wife's brother Arvind Kumar singh, cousin Sandeep Kumar Singh told that the deceased's husband Sarvajeet Singh (applicant) and brother-in-law Hari Singh had come to them and had confessed their involvement in commission of the offence. 4. In the affidavit filed in support of bail application it has been stated that the applicant is innocent and he has been falsely implicated in the present case and he has no criminal history. 5. Learned counsel for the applicant has stated that co-accused Hari Singh has already been granted bail by means of an order
dated 20.02.2025 passed by a Coordinate Bench of this Court in Criminal Misc. Bail Application No. 7322 of 2024. Co-accused Rajveer has also been granted bail vide my order of date passed in Criminal Misc. Bail Application No. 8825 of 2024. 6.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is the husband of the deceased; the applicant's wife died on 08.10.2023 and he has been implicated in the present F.I.R. lodged by the deceased's brother on 10.12.2023 on the basis of alleged confession made by the applicant himself before the informant's brother-in-law and cousin on 08.12.2023, whereas the applicant had no occasion to make such a confession before the aforesaid persons, two co-accused persons have already been granted bail, without making any observation, which may affect the merits of the case, I am of the view that the applicant is entitled to be released on bail in the aforesaid crime. 7. Accordingly, this bail application stands allowed. 8. Let the applicant- Sarvajit Singh be released on bail in the aforesaid 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, unless his appearance is exempted by the learned trial court. (Subhash Vidyarthi, J.) Order Date :- 18.4.2025 A.Nigam Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench