SANJAY KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.
/6539/2025 · 2025-11-19
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 174683 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 174683 (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. - 6539 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 accused-applicant seeks bail in FIR/Case Crime No.407 of 2023 under section 302 IPC, P.S. Nanpara, District Bahraich. 3. In terms of the FIR, it was alleged that the husband of the informant was sleeping in front of the home at a cot, when the applicant, who is the son of the brother of the deceased, came and attacked with an axe, which resulted in his death and thereafter the applicant ran away. 4. In the light of the said, the counsel for the applicant draws my attention to the statement under section 161 Cr.P.C., wherein it was alleged that the applicant was married around twelve years ago to one Mala Devi. It was also stated that the applicant has suspicion that the deceased was in affair with the wife of the applicant. It is stated that the applicant used to beat his wife on account of said suspicion because of which the deceased scolded the applicant. It was stated that on account of, the applicant being scolded by the deceased, the applicant felt humiliated and came on the night of the incident and hit the father of the informant with an axe, which resulted in his death. The applicant is in custody since 22.07.2023. The postmortem report on record, indicates the presence of four incised wounds, which are also the cause of the death. Versus Counsel for Applicant(s) : Rama Kant Dixit Counsel for Opposite Party(s) : G.A. Sanjay Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s)
5. Considering the fact that the incident allegedly took place on account of the humiliation felt by the applicant and there being no premeditative motive coupled with the fact that the applicant has no criminal history except one offence, which is matrimonial offence and the applicant has suffered pretrial detention of more than two years, as such, the applicant is entitled to bail. Thus the bail application is allowed. 6.
Let the applicant Sanjay Kumar be released on bail in aforesaid FIR/Case Crime Number subject to his furnishing a personal bond and two reliable sureties each of the like amount 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 19, 2025 VNP/- BAIL No. 6539 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench