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2025 DAILYLAW 173025 (ALL)

SUSHIL KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.

/12732/2024 · 2025-12-02

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12732 of 2024 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record. 2. The applicant seeks enlargement on bail in S.T. No.869 of 2022 arising out of Case Crime No.684 of 2021, under Sections 364, 302, 201, 420, 34 IPC, Police Station Vibhuti Khand, District Lucknow. 3. The Counsel for the applicant argues that the co-accused have been enlarged on bail vide order dated 22.07.2024. While granting bail, this Court took into consideration the fact that the applicant therein had suffered pretrial detention and there is no likelihood of the trial being concluded in near future. In the present case also, the applicant is in custody since 30.12.2021 and only 11 witnesses out of 48 have been examined so far. 4. Learned A.G.A. vehemently opposed the bail prayer. 5. Considering and adopting the same reasoning as contained in the order dated 22.07.2024 and prima facie, the fact that the applicant had suffered pretrial detention and has no criminal antecedents, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. Versus Counsel for Applicant(s) : Mahesh Kumar Sharma, Anubhav Awasthi, Dinesh Narayan Pandey, Tajdar Ahmad Counsel for Opposite Party(s) : G.A. Sushil Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) 6. Let the applicant Sushil Kumar be released on bail in the abovesaid first information report number on his furnishing personal bonds and two reliable sureties of the like amount each to the satisfaction of the court concerned with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. December 2, 2025 akverma BAIL No. 12732 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench