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2025 DAILYLAW 148657 (ALL)

SURENDRA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO

BAIL/7777/2024 · 2025-04-08

Subhash Vidyarthi

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:19806 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7777 of 2024 Applicant :- Surendra Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Ajay Vikram,Narsingh Yadav,Prashant Dubey,Ravindra Shukla Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Ravindra Shukla, the learned counsel for the applicant, Sri Jayant Singh Tomar, the learned AGA for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 379/2023, under Sections 302, 201, 120-B IPC, Police Station Jaisinghpur, District Sultanpur. 3. Initially the informant had given a missing report to the police on 24.11.2023 stating that his son aged 22 years had gone out of his house at about 10:00 a.m. on 22.11.2023 but he did not come back. 4. On 27.11.2023, dead body of the informant's son was found in a well. The post mortem examination report mentions a lacerated wound on left parital lobe of scalp with underlined bone fractured and the cause of death has been opined to be hemorrhage and shock due to ante mortem injury. Thereafter the informant lodged FIR on 28.11.2023 at 15:09 hours against the applicant and Kapil Verma, stating that the accused persons had taken away the informnat's son at 10:00 a.m. on 22.11.2023. When her son did not return till evening, she started making inquiries. When the informant inquired from the applicant, he stated that he had made her son disappear. 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 State has filed a counter affidavit annexing therewith copies of material collected during investigation and a copy of charge sheet. 7. A rejoinder affidavit has been filed by the applicant refuting the averments made in the counter affidavit. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the informant herself had lodged a missing report on 24.11.2023 wherein she has merely stated that her son had gone at 10:00 a.m. on 22.11.2023 on his motorcycle and he did not come back; after which his dead body was found in a well and panchayatnama and post mortem examination had been conducted, the informant lodged an FIR on 28.11.2023 stating that the accused persons had taken her son in the morning of 22.11.2023 and in the evening the applicant had stated that he had made her son disappear whereas there was no mention of this fact in the missing report lodged by the informant on 24.11.2023; no person has witnessed the incident; the applicant is languishing in jail since 01.12.2023 and as per statement of the learned counsel for the applicant the trial is yet to commence, 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. 9. Accordingly, this bail application stands allowed. 10. Let the applicant-Surendra 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 :- 8.4.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench