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Allahabad High Court · body

2025 DAILYLAW 180007 (ALL)

BRIJESH KUMAR YADAV v. STATE OF U.P. THRU. SECY. HOME DEPTT. U.P. GOVT. LKO.

BAIL/8029/2025 · 2025-11-25

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. - 8029 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. The applicant seeks enlargement on bail in FIR No. 245 of 2025, under Section 103(1) of BNS registered at P.S. Ram Sanehi Ghat District Barabanki. 3. Learned counsel for the applicant argues that the FIR in question was lodged alleging that daughter of the informant was missing since 12.06.2025 and subsequently, her body was recovered on 14.06.2025 in a jungle. The applicant was not named in the FIR, subsequently, in terms of the statement recorded by the sister of the deceased, it was stated that the deceased was in love with the applicant and apprehension was expressed that the applicant might have killed her. Subsequently, based upon the confessional statement and recovery of a weapon, the applicant was linked with the offence in question. The cause of death as per the post mortem report is ante mortem injuries which are lacerated wounds on the neck. 4. Learned AGA has opposed the bail application. 5. Considering the fact that the applicant was not named in the FIR and subsequently apprehension has been expressed, there are no witnesses to Versus Counsel for Applicant(s) : Dinesh Kr. Sharma, Arshad Hafeez Khan, Sunil Kumar Singh Counsel for Opposite Party(s) : G.A., Amar Singh Brijesh Kumar Yadav .....Applicant(s) State Of U.P. Thru. Secy. Home Deptt. U.P. Govt. Lko. .....Opposite Party(s) the incident and the confessional statement is prima facie, a weak piece of evidence even the recovery is not in the presence of independent witness as such, the applicant who is in jail since 17.06.2025 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Brijesh Kumar Yadav 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. November 25, 2025 Anurag BAIL No. 8029 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench