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2025 DAILYLAW 167897 (ALL)

SHUBHAM PANDEY v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO

BAIL/11664/2024 · 2025-04-25

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:23926 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11664 of 2024 Applicant :- Shubham Pandey Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko Counsel for Applicant :- Santosh Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Santosh Kumar Srivastava, learned counsel for the applicant, Shri Diwakar Singh, learned A.G.A. 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.274 of 2024 under Sections 302, 201 I.P.C. registered at Police Station- Kotwali Tanda, District- Ambedkar Nagar. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 24.08.2024 against the applicant and Gulfam, stating that the informant's son aged 30 years had gone missing since 13.05.2024. The informant's daughter-in-law had lodged a missing report in this regard on 22.08.2024. The informant got information from an unnamed villager that his son had illicit relations with the applicant's mother, for this reason the applicant killed the informant's son with the assistance of the co-accused persons and made the dead body disappear. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 19 years having no criminal history and he has been falsely implicated in the present case. The applicant is languishing in jail since 24.08.2024. 5. The State has filed a counter affidavit annexing therewith the material collected during investigation and a copy of the charge-sheet dated 30.09.2024. The recovery memo indicates that on pointing out of the informant, digging was done with the help of J.C.B. machine whereupon a skeleton was recovered buried in the earth. 6. Learned A.G.A. has opposed the bail application and he has informed that a sample from the skeleton has been sent for DNA examination. Thereafter, a Spade was recovered from amongst some bushes on pointing out of co-accused Gulfam and a knife was recovered on the pointing out of the applicant from the bushes. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the informant's son had gone missing on 13.05.2024 yet no missing report was lodged till 22.08.2024; the informant stated that after lodging of the missing report, he came to know about the illicit relations of his son with the applicant's mother but he did not disclose the name of the person from whom he had got this information and that immediately after lodging of the FIR, the recovery of the knife and spade has been made from an open place coupled with the fact that the applicant is a young man having no criminal history and he is languishing in jail since 24.08.2024 whereas the investigation already stands concluded, 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- Shubham Pandey 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 :- 25.4.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench