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2025 DAILYLAW 174363 (ALL)

SHIVAKANT v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO.

BAIL/11302/2024 · 2025-11-04

Pankaj Bhatia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11302 of 2024 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.262 of 2020, under Section 302 IPC, P.S. Sandi, District Hardoi. 3. In terms of the FIR it was alleged that on the date of the incident, son of the informant who had gone to the agricultural fields, was attacked by the three accused with the use of a knife because of which he sustained injuries and subsequently, died. The applicant is in custody since 07.08.2020 and it is argued that only six witnesses have been examined so far out of the total 26 witnesses. 4. Learned AGA has opposed the bail application. 5. Considering the pre-trial detention undergone by the applicant and finding that there is no likelihood of the trial being concluded in the near future, the applicant who has no criminal antecedents and is in custody since 07.08.2020 is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Shivakant be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of the like amount each to the satisfaction of court concerned with the following conditions: Versus Counsel for Applicant(s) : Vijay Kumar Counsel for Opposite Party(s) : G.A. Shivakant .....Applicant(s) State Of U.P. Thru. Secy. Home Deptt. Lko. .....Opposite Party(s) (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 4, 2025 nishant BAIL No. 11302 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench