SUNIL KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO
/10114/2024 · 2025-11-24
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DailyLaw.ai
[ 2025 DAILYLAW 179755 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 179755 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10114 of 2024 Court No. - 12 HON'BLE PANKAJ BHATIA, J.
1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record. 2. The applicant seeks enlargement on bail in FIR No.190 of 2024, under Section 302 IPC, Police Station Makhi, District Unnao. 3. In terms of the FIR, it was alleged that on 27.06.2024, the younger sister of the informant aged about 22 years had gone out of home at night and subsequently, she was found dead. An apprehension was expressed that some unknown persons had killed her with sharp edged weapon. The postmortem report on record indicates the cause of death due to ante mortem injuries which are incised wounds on the neck of the deceased. Subsequently, based upon the statement of the informant, the applicant was linked with the offence on an apprehension that the applicant might have committed the offence. Later on, at the pointing out and instance of the applicant, a knife was also recovered. 4. In the light of the aforesaid, it is argued by the Counsel for the applicant that there are no eyewitness of the incident and the applicant was linked with the offence solely based upon the apprhension. 5. Learned A.G.A. vehemently opposed the bail prayer. Versus Counsel for Applicant(s) : Jayveer Rajput, Dharmendra Kumar Misra, Ram Mohan Mishra Counsel for Opposite Party(s) : G.A., Dheeraj Awasthi, Shailendra Kumar Mishra Sunil Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko .....Opposite Party(s)
6. Considering the fact that prima facie, the applicant has been linked based upon the apprehension and the recovery, which is not even in the presence of independent; the materials to link the applicant are prima facie weak and the fact that the applicant has no criminal antecedents and is languishing in jail since 24.06.2024, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. 7.
Let the applicant Sunil Kumar be released on bail in the abovesaid first information report number on his furnishing personal bonds and two reliable sureties of the like amount each to the satisfaction of the 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 24, 2025 akverma BAIL No. 10114 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench