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2025 DAILYLAW 176406 (ALL)

PAPPU v. STATE OF U.P. THRU. PRIN. SECY. LKO

/2037/2025 · 2025-11-19

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 2037 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA for the State; Shri Shailendra Kumar Mishra, learned counsel for the informant and perused the record. 2. The applicant seeks enlargement on bail in FIR No.294 of 2024, under Section 3(5), 103(1), 352, 351(3) BNS, P.S. Behta Mujawar, District Unnao. 3. In terms of the FIR it was alleged that on 27.10.2024 at about 7 PM husband of the informant was coming home when on the way the applicant was having a fight with someone else and when one of the persons present there intervened alongwith the applicant, all the four accused coaxed the applicant to kill the deceased because of which the applicant allegedly struck him with a brick which resulted in his death. A similar statement was given by the informant. Postmortem report on record indicates presence of as many as three injuries which are contused swelling on the upper eyelid and occipital region and on right side of the face which is also the cause of death. Subsequently, the brick alleged used was recovered at the instance and pointing out of the applicant. It is further argued that three of the co-accused have been enlarged on bail by the trial Court itself. 4. Learned counsel for the informant strongly opposes the bail application by arguing that admittedly as per the material collected it is the applicant who had hit the deceased with the brick which resulted in the death and Versus Counsel for Applicant(s) : Sagar Singh, Shri Ram Maurya, Shyam Bahadur Singh, Sudhakar Mishra Counsel for Opposite Party(s) : G.A., Dheeraj Awasthi Pappu .....Applicant(s) State Of U.P. Thru. Prin. Secy. Lko .....Opposite Party(s) considering the gravity of the offence, the bail application should be rejected. However, there is no dispute that the applicant has no criminal antecedents. 5. Learned AGA has also opposed the bail application. 6. Considering the fact that even as per the FIR the offence was committed on account of an ongoing dispute without there being any premeditated intent, as such, the applicant who has no criminal antecedents and is in custody since 29.10.2024, is entitled to be enlarged on bail. In view thereof, the application is allowed. 7. Let the applicant Pappu 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. November 19, 2025 nishant BAIL No. 2037 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench