SUNIL KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.
/1367/2025 · 2025-11-26
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 174436 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 174436 (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. - 1367 of 2025 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 FIR No.309 of 2023, under Section 306 IPC, Police Station Pihani, District Hardoi.
3. This is the second bail application. The first bail application was rejected vide order dated 10.01.2024.
4. Submission of the Counsel for the applicant is that the applicant is being prosecuted for the offence under Section 306 IPC. The postmortem report indicates the cause of death due to ante morte hanging. It is also argued that even the charge has not been framed after two years. The applicant is in custody since 04.07.2023.
5. Learned A.G.A. vehemently opposed the bail prayer.
6. Considering the pretrial detention suffered by the applicant and even the charge has not been framed coupled with the fact that the applicant 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.
7. Let the applicant Sunil Kumar be released on bail in the abovesaid first information report number on his furnishing personal bonds and two Versus Counsel for Applicant(s) : Vishun Narain, Manisha Trivedi, Sushant Kumar Kabir, Vanshraj Dubey Counsel for Opposite Party(s) : G.A. Sunil Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s)
reliable sureties of Rs.20,000/- 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. November 26, 2025 akverma BAIL No. 1367 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench