CHANDAN KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME GOVT. LKO.
BAIL/12210/2024 · 2025-05-01
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 168924 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 168924 (ALL) · dailylaw.ai ]
Judgment text
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1 Neutral Citation No. - 2025:AHC-LKO:25264 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12210 of 2024 Applicant :- Chandan Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Govt. Lko. Counsel for Applicant :- Smriti Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Ms. Smriti, the learned counsel for the applicant and Sri Rajeev Kumar Verma, the learned A.G.A.-I 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. 483 of 2023, under Sections 302, 394, 411, 120-B I.P.C. and under Section 3/25/27 Arms Act, Police Station-Kotwali, District Unnao. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 20.06.2023 stating that the informant's father drives a Truck and he had gone with his vehicle in the night of 18.06.2023. On 20.06.2023 the police informed him that his father was found dead inside the Truck near Lucknow-Kanpur highway. When the informant reached there, some people informed him that two-three persons were present near the Truck in suspicious circumstances. 4. The post-mortem examination report mentions numerous injuries of laceration, contusion and abrasion and the cause of death has been opined to be shock and hemorrhage due to ante-mortem injuries. 5. The police claimed to have arrested three persons, including the applicant, on the basis of information received from an informer and their custodial statements, all of them confessed to have killed the
2 deceased. The other accused persons are said to have beaten him without using any weapon, whereas the applicant is said to have assaulted him with the "butt" of a country made pistol. 6. In the affidavit filed in support of 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. Co-accused Ankit Yadav, Rahul Kumar and Ravi Kumar have already been enlarged on bail by a coordinate Bench of this court by means of orders dated 21.09.2024, 30.08.2024 and 07.01.2025 passed in Criminal Misc. Bail Application No.14439 of 2023, 4808 of 2024 and 40 of 2025 respectively. 7.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant has been arrested with co-accused persons on the basis of information received from the informer and besides custodial confessional statement of accused persons, there is no other material against the applicant and the three accused persons have already been granted bail and without making any observation which may affect the merits of the case, I am of the view that the applicant is also entitled to be released on bail. 8. Accordingly, this bail application stands allowed. 9. Let the applicant- Chandan Kumar 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
3 court, unless his appearance is exempted by the learned trial court. [Subhash Vidyarthi,J.] Order Date :-01.05.2025 Arvind Digitally signed by :- ARVIND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench