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2025 DAILYLAW 180745 (ALL)

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

/4978/2025 · 2025-11-27

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 4978 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. 507 of 2024, under sections 103(1), 191(2) BNS, P.S. Inayatnagar, District Ayodhya. 3. Learned counsel for the applicant argues that in terms of FIR it was alleged that an information was received on telephone of informant that brother of informant had committed suicide and when he reached there information was received that the deceased had gone to his matrimonial family for compromise and when the deceased was in hospital the informant went and was told that all accused persons named in the FIR had doused petrol on him and had burnt him. Dying declaration of the deceased is also on record wherein it was stated that on account of matrimonial dispute the deceased had gone for a settlement and then he was closed inside a room and all the accused persons had doused him in fire. In the light of the said allegations learned counsel for the applicant argues that the statement of witness are on record which demonstrates that the deceased were seen in flames outside the door and efforts were made by the applicant and his sister Poonam for dousing the fire by throwing blanket on him. 4. Learned counsel for the applicant also draws my attention to the site map wherein the place where the deceased was inflamed is outside the house which according to applicant does not match with dying Versus Counsel for Applicant(s) : Puneet Chandra, Mohit Chandra Counsel for Opposite Party(s) : G.A. Rakesh Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) declaration. He further argues that although in dying declaration name of five persons were taken however chargesheet were filed only against two accused including the applicant and and investigation is going on against the other co accused. It is argued that Poonam, co accused has been enlarged on bail vide order dated 9.7.2025 passed in Criminal Misc Bail Application No. 6347 of 2025. Although while grating the said bail this Court had taken into consideration that the co accused was having three small children. 5. Learned AGA has opposed the bail application. 6. Considering the huge inconsistencies in the statement of the witness and the dying declaration as well as the site map coupled with the fact that post mortem report indicate the burn injuries on the upper part of the body which according to the applicant can arise only when the suicide is committed, however, without commenting upon the merits of the case, the applicant who is in jail since 31.12.2024 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. 7. Let the applicant Rakesh Singh 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 27, 2025 J. K. Dinkar BAIL No. 4978 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench