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2025 DAILYLAW 179013 (ALL)

SUKHVINDER SINGH @ VIKKI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. U.P.

BAIL/2551/2025 · 2025-12-03

Pankaj Bhatia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 2551 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned A.G.A. and perused the record. 2. The applicant seeks enlargement on bail in FIR No. 293 of 2024, under sections 103(1), 238 BNS, P.S. Ashiana, District Lucknow. 3. Learned counsel for the applicant argues that in terms of FIR it was alleged that father of informant had left home and did not return back. Tenants of the informant were harassing him and wanted to usurp the property and father did not return after having left home subsequently apprehension was expressed that the two accused who were the tenants had called and murdered him. Based upon the said apprehension and the analysis of the CCTV footage the informant stated that he expected that three persons sitting on the motorcycle were co accused and father of the informant. Subsequently based upon the said apprehension and the confessional statement applicant was linked with the offence in question. Cause of death as per post mortem report is two contusion injuries present on the right fornto tempetal region of skull and in front of chest. The body of deceased was found 40 kilometers away from canal. In the light of the said allegations the submission of learned counsel for the applicant is that the applicant has been linked with the offence in question based upon apprehension and the analysis of CCTV footage which according to the applicant are weak pieces of evidence. Versus Counsel for Applicant(s) : Anuj Dayal, Ashutosh Sharma, Atul Verma, Nikhil Sonkar, Samanvay Mishra, Shaquiel Ahmad Counsel for Opposite Party(s) : G.A. Sukhvinder Singh @ Vikki .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. U.P. .....Opposite Party(s) 4. Learned A.G.A. for the State and learned counsel for the informant while opposing the bail application state the motorcycle of the victim was recovered from the instance and pointing out of the applicant which is recorded in the confessional statement. It is further argued that even after arrest family of the applicant have not vacated the premises and are still in occupation which fortifies the motive of usurping property. 5. Considering the submissions made at the bar prima facie the applicant has been linked with the offence in question based upon apprehension, statements of the victim after seeing the CCTV footage and the confessional statement as well as the recovery of the motorcycle at the instance and pointing out of the applicant. The statement of the informant based upon analysis of CCTV footage itself is not categorical in identifying the applicant. The confessional statement has no evidence value and the recovery of motorcycle is not in presence of independent witness, however, without commenting upon the merits of the case, the applicant who is in jail since 16.8.2024 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Sukhvinder Singh @ Vikki 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. December 3, 2025 J. K. Dinkar BAIL No. 2551 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench