GAJANAN DUBEY v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO
/2372/2025 · 2025-11-28
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 181219 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 181219 (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. - 2372 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 accused-applicant seeks bail in FIR/Case Crime No.468 of 2024 under sections 140(1), 103(1), 238, 309(4) and 317(2) BNS, P.S. Chinhat, District Lucknow. 3. In terms of the FIR, allegations were levelled that the brother of the informant was working as a delivery boy and had taken certain items for delivery. However, he did not return home, and an apprehension was expressed that the accused, including the applicant, had killed him, and had thrown the body in the canal. Subsequently, the applicant was linked with the offence based upon the recovery of a mobile phone, which is not in the presence of any independent witnesses. The body of the deceased was never recovered. The applicant has been linked based upon the recovery of mobile and analysis of CCTV footage wherein the last seen theory is to be established against the applicant. 4. Considering the nature of the evidence to be prima-facie weak, the applicant who is in custody since 07.10.2024 and has no criminal history is entitled to bail. Thus the bail application is allowed. Versus Counsel for Applicant(s) : Shailendra Kumar Singh, Abhishek Mishra, Aishwarya Pandey, Archana Rawat, Ashutosh Mishra, Rahul Kumar Kaushal, Saubhagya Mishra Counsel for Opposite Party(s) : G.A., Amit Kumar Singh, Surya Prakash Singh Gajanan Dubey .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko .....Opposite Party(s)
5. Let the applicant Gajanan Dubey be released on bail in aforesaid FIR/Case Crime Number subject to his furnishing a personal bond and two reliable sureties each of the like amount 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 28, 2025 VNP/- BAIL No. 2372 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench