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2025 DAILYLAW 176077 (ALL)

VEERU KASHYAP @ HERO v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.

/9282/2025 · 2025-12-04

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9282 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Rejoinder affidavit filed by the applicant is taken on record. 2. 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.169 of 2025, under Sections 103(1) of BNS, Police Station Kakori, District Lucknow. 3. In terms of the FIR, it was alleged that the brother of the informant was plying JCB and on 25.05.2025 in the night, he was staying at the spot and in the morning, it was revealed that the body of the brother of the informant was found buried beneath the JCB. An apprehension was expressed that the deceased has been murdered. No one was named in the FIR. Subsequently, the application was linked with the offence in question based upon the CDR location and confessional statement. 4. The contention of the Counsel for the applicant is that there are no independent witness to the incident. In the statement of one of the witnesses, it is stated that it is the applicant, who had informed that the deceased was buried beneath the JCB. In short, the applicant has been linked with the offence in question based upon the fact that the applicant was present along with the deceased in the night before the incident and the CDR location. The cause of death as per the postmortem report are six ante mortem injury, which are present on the right side of the face; whole Versus Counsel for Applicant(s) : Vidya Kant Sharma Counsel for Opposite Party(s) : G.A. Veeru Kashyap @ Hero .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) left upper limb; on front of the chest and right side of the head. No recovery has been effected from the applicant. 5. Learned A.G.A. vehemently opposed the bail prayer. 6. Considering the nature of the evidence to link the applicant with the offence in question, prima facie, is weak coupled with the fact coupled with the fact that the applicant has no criminal antecedents and is languishing in jail since 20.07.2025, 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 Veeru Kashyap @ Hero be released on bail in the abovesaid first information report number on his furnishing personal bonds and two reliable sureties of the like amount 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. December 4, 2025 akverma BAIL No. 9282 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench