PRINCE PATEL v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO.
BAIL/7595/2025 · 2025-11-14
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 174128 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 174128 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 7595 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J.
1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. The applicant seeks enlargement on bail in FIR No.2 of 2025, under sections 103(1), 3(5), 238(A) BNS. P.S. Jethwara, District Pratapgarh. 3. Learned counsel for the applicant argues that in terms of FIR registered against unknown persons it was alleged that on 11.1.2025 the son of the informant had gone out of home when some unknown person had committed his murder by use of sharp ended instrument. The applicant was not named in the FIR. Subsequently the statement of one of witness Aslam was recorded wherein he stated that he has seen the applicant alongwith other persons coming from the place where incident occurred and he suspected that the applicant might have committed the offence. He has specifically stated that he was not eye witness for the incident and no weapon was seen in his hand. Subsequently based on confessional statement and at the instance and pointing out of the applicant a rod was recovered. In the light of the said allegations, learned counsel for the applicant argues that there is no material to implicate the applicant in the said offence in question. 4. Learned AGA has opposed the bail application. 5. Considering the evidence on record prima facie the same only expressed apprehension. The said witness is not an eye witness and the Versus Counsel for Applicant(s) : Manmohan Singh Counsel for Opposite Party(s) : G.A. Prince Patel .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko. .....Opposite Party(s)
recovery is not in the presence of independent witness and the confessional statement has no evidential value, however, without commenting upon the merits of the case, the applicant who is in jail since 14.1.2025 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. 6.
Let the applicant Prince Patel be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.20,000/- each to the satisfaction of 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. November 14, 2025 J. K. Dinkar BAIL No. 7595 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench