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2025 DAILYLAW 176120 (ALL)

SANTOSH KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO

BAIL/10461/2025 · 2025-10-29

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10461 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA for the State, Samanvya Dhar Dwivedi, learned counsel for the wife of the victim and perused the record. 2. The applicant seeks enlargement on bail in FIR No. 211 of 2025, under Sections 105 BNS, PS Rupaideeha, District Bahraich. 3. Learned counsel for the applicant argues that in terms of FIR it was alleged that on 12.7.2025 at about 3:15 PM the son of the informant aged about 28 years had gone to purchase certain things when an altercation took place in which one of the accused named Deepchand and two of accused named in FIR hit him with lathi, danda etc which resulted in grievous injures in head and subsequently he died. Learned counsel for the applicant states that the applicant was not named in FIR and in initial statements. Subsequently, name of the applicant was only taken to the extent that prior to date of incident the diseased had also fight with the applicant. My attention is also drawn to the allegations of eye witness who has specifically assigned the role of hitting to Deepchand and Santosh. In the light of the said it argued that no role was assigned against the applicant except that earlier to the incident a fight was taken place. Cause of death as per post mortem report is ante mortem head injuries. 4. Learned AGA has opposed the bail application. 5. Considering the statement of eye witness and there being no specific Versus Counsel for Applicant(s) : Manoj Kumar Singh Counsel for Opposite Party(s) : G.A. Santosh Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko .....Opposite Party(s) evidence against the applicant either in the FIR or in the statements, however, without commenting upon the merits of the case, the applicant who is in jail since 21.08.2025 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Santosh Kumar be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.20,000/- 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. October 29, 2025 J. K. Dinkar BAIL No. 10461 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench