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2025 DAILYLAW 182068 (ALL)

UDAN v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO

/12706/2024 · 2025-11-28

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12706 of 2024 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA for the State; Shri Dheeraj Awasthi, learned counsel for the informant and perused the record. 2. The applicant seeks enlargement on bail in FIR No.171 of 2024, under Section 304 IPC, P.S. Gangaghat, District Unnao. 3. In terms of the FIR it was alleged that on 31.03.2024 son of the informant had gone to purchase certain things when the applicant and the other co- accused started hurling abuses and when he refused, all the said persons had beaten him up with rod etc., which resulted in substantial injuries and thereafter, death. Cause of death, as per the postmortem report, is shock and septicemia. As many as eight injuries were also noticed on the body of the deceased which are mainly lacerated wound on the left eye and contusion on the chest etc. 4. Submission of learned counsel for the applicant is that the victim died because of falling from a train. It is further argued that general allegations were levelled against all the persons. The applicant is in custody since 17.09.2024 and has no criminal antecedents. 5. Learned AGA has opposed the bail application. 6. Considering the general nature of allegations and the postmortem report, Versus Counsel for Applicant(s) : Ram Sahay Yadav, Garima Singh, Harshit Singh, Pradeep Kumar Srivastava Counsel for Opposite Party(s) : G.A., Dheeraj Awasthi, Shailendra Kumar Mishra Udan .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko .....Opposite Party(s) the applicant who is in custody since 17.09.2024 is entitled to be enlarged on bail. In view thereof, the application is allowed. 7. Let the applicant Udan 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 28, 2025 nishant BAIL No. 12706 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench