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2025 DAILYLAW 179862 (ALL)

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

/6603/2024 · 2025-11-24

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 6603 of 2024 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Supplementary affidavit filed today in Court is taken on record. 2. Heard learned counsel for the applicant, learned AGA and perused the record. 3. The applicant seeks enlargement on bail in FIR No.148 of 2022, under Section 302, 201 IPC, P.S. Sairpur, District Lucknow. 4. In terms of the FIR it was alleged that information was received that the applicant had committed the murder of his own sister and had buried her in the same home. Subsequently, on the basis of inspection carried out, body was recovered after digging the floor and based upon the same, the applicant was linked with the offence and arrested. 5. Learned counsel for the applicant argues that there are no eyewitnesses to the incident and the applicant has been linked solely based upon the statements of witnesses who are not the eyewitnesses and on the basis of apprehension as the body was recovered from the home of the applicant. 6. Learned AGA while opposing the bail application argues that at the instance and pointing out, the digging instrument was recovered and thus, all the material clearly link the applicant with the offence in question. 7. Learned counsel for the applicant states that 5 witnesses out of 28 Versus Counsel for Applicant(s) : Ramakar Shukla, Manvendra Singh, Shashank Mishra Counsel for Opposite Party(s) : G.A. Himanshu Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) witnesses have been examined who are formal witnesses and the applicant is in custody since 26.12.2022 having no criminal antecedents. 8. From the statements made and the arrest memo, an apprehension was expressed that it was a case of honor killing, however, the fact remains that there are no eyewitnesses to the incident; recovery of the digging instrument is not in the presence of independent witnesses, the applicant has suffered pre-trial detention of almost three years having no criminal antecedents and there is no likelihood of the trial being concluded in the near future, as such, the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed. 9. Let the applicant Himanshu 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 (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 nishant BAIL No. 6603 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench