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2025 DAILYLAW 176623 (ALL)

SANJAY SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.

BAIL/11080/2024 · 2025-11-17

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11080 of 2024 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Supplementary affidavit is taken on record. 2. Heard learned counsel for the applicant, learned AGA for the State; Shri U.C. Chaturvedi, learned counsel for the informant and perused the record. 3. The applicant seeks enlargement on bail in FIR No.293 of 2024, under Section 103(1), 238(a), 3(5) BNS, P.S. Haidergarh, District Barabanki. 4. In terms of the FIR it was alleged that son of the informant had gone to a pond when the accused named in the FIR and two unknown persons alongwith two persons named in the FIR came at two motorcycles and took the son of the informant by use of force which was seen by various persons and subsequently, when he did not return back, information was given that all the said persons had taken him on two motorcycles and thereafter, his body was recovered near the pond. 5. In the light of the said, it was alleged that the applicant had committed his murder and had also severed his private parts. Postmortem report on record indicates the cause of death as antemortem strangulation. Apart Versus . Counsel for Applicant(s) : Amrit Kumar Tiwari, Krishna Kumar Tiwari, Nankau Prasad Mishra . Counsel for Opposite Party(s) : G.A., Umesh Chandra Chaturvedi Sanjay Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) from the same, as many as seven injuries were noticed on the body. In the light of the said, the applicant was linked with the offence based upon the last seen theory as recorded in the FIR. 6. Learned counsel for the applicant draws my attention to the statement of the witness wherein allegations were levelled against one Shyamu Singh and Manish that they had taken son of the informant in the state of intoxication. A somewhat similar statement was given by other witnesses. In the statement of yet another witness Adarsh it was stated that Shyamu Singh and Manish had made him sit on a motorcycle. It was also stated that the applicant and the husband of one Rekha had also come on the spot and all four of them had made him sit on the motorcycle. 7. A somewhat similar statement was given by one of the witnesses Ravindra Kumar. 8. As against the applicant. it was stated that he alongwith one other person had met them and had helped in making the deceased sit on the motorcycle. 9. Learned AGA has opposed the bail application. 10. Considering the said statement, prima-facie, the applicant has been linked based upon his implication in making the deceased sit on the motorcycle. As such, in view of the said statements, prima-facie, the applicant who has no criminal antecedents except for a minor offence under Section 323 IPC and is in custody since 03.09.2024, he is entitled to be enlarged on bail. In view thereof, the application is allowed. 11. Let the applicant Sanjay Singh 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 BAIL No. 11080 of 2024 2 (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 17, 2025 nishant BAIL No. 11080 of 2024 3 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench