BABLU @ SURENDRA v. STATE OF U.P. THRU. PRIN. SECY. HOME GOVT. CIVIL SECTT. LKO
BAIL/7915/2024 · 2025-04-18
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 149122 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 149122 (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. - 7915 of 2024 Applicant :- Bablu @ Surendra Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Govt. Civil Sectt. 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 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, 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 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. The applicant is cousin of the named accused Hari Singh and
he has been implicated in the present case on the basis of custodial statement of Hari Singh. 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. 6.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant has been implicated in the present case solely on the basis of custodial statement of co-accused Hari Singh, who has 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. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Bablu alias Surendra 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