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2025 DAILYLAW 178347 (ALL)

SIDHESH AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.

BAIL/12443/2024 · 2025-11-12

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12443 of 2024 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicants, learned AGA and perused the record. 2. The applicants seek enlargement on bail in FIR No. 164 of 2024, under sections 147, 323, 506, 341, 302, 201 IPC, P.S. Kamalpur, District Sitapur. 3. Learned counsel for the applicants argues that in terms of FIR it was alleged that son of the informant had a fight with the accused named in the FIR and subsequently he was killed and thrown on a railway line. Cause of death as per post mortem report is ante mortem head injuries which according to the applicant has suffered because of railway accident. 4. Learned AGA has opposed the bail application. 5. Considering the post mortem report and the statement of the Station Superintendent that on the date of incident a person was found on the track dead and the fact that there is no eye witness to the incident, however, without commenting upon the merits of the case, the applicants who are in jail since 8.4.2024 and have no criminal history are entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicants Sidhesh and Kailash be released on bail in aforesaid FIR number on his furnishing personal bond with two sureties of Versus Counsel for Applicant(s) : Rajendra Prasad, Karm Veer Singh, Narendra Gupta, Pankaj Gupta Counsel for Opposite Party(s) : G.A., Arun Kumar, Krishna Gopal Sidhesh And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) Rs.20,000/- each to the satisfaction of court concerned with the following conditions: (a) The applicant shalls execute a bond to undertake to attend the hearings; (b) The applicant shalls not commit any offence similar to the offence of which they are accused or suspected of the commission; and (c) The applicants 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 12, 2025 J. K. Dinkar BAIL No. 12443 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench