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2025 DAILYLAW 176013 (ALL)

UMESH KUMAR @ UMESH v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME

BAIL/4907/2024 · 2025-11-13

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 4907 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.275 of 2021, under Section 302, 328 IPC, P.S. Motigarpur, District Sultanpur. 3. In terms of the FIR it was alleged that son of the informant alongwith the accused had set up a manufacturing facility and on 22.08.2021 son of the informant was called to the factory and subsequently, his body was found. It was alleged that with an intent to erode the capital and the factory, the son of the informant was killed. Postmortem report, on record, could not ascertain the cause of death which according to the applicant occurred on account of electrocution, hence, viscera was preserved in which aluminium phosphide was found. 4. Learned AGA has opposed the bail application. 5. Considering the postmortem report which does not record presence of any injury on the body of the deceased coupled with the viscera report which indicates the cause of death as aluminium phosphide poisoning and there being no allegation against the applicant of having administered the poisoning, the applicant who is in custody since 20.12.2023 and has no criminal antecedents, is entitled to be enlarged on bail. In view thereof, the Versus Counsel for Applicant(s) : Sarvesh Kumar Shukla, Keshav Gupta, Lalit Kumar Tiwari, Laxmi Kant Ojha, Ramakar Shukla, Sudhakar Mishra Counsel for Opposite Party(s) : G.A. Umesh Kumar @ Umesh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home .....Opposite Party(s) application is allowed. 6. Let the applicant Umesh Kumar @ Umesh 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: (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 13, 2025 nishant BAIL No. 4907 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench