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2025 DAILYLAW 182244 (ALL)

ASHUTOSH @ KANT v. STATE OF U.P. THRU. PRIN. SECY. HOME SECTT. LKO

BAIL/1542/2025 · 2025-10-31

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 1542 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant as well as learned AGA for the State. 2. The accused-applicant seeks bail in FIR/Case Crime No.518 of 2024 under Sections 103(1) BNS, P.S.- Beniganj, District- Hardoi. 3. In terms of the FIR, it was alleged that the father of the informant, aged about 60 years, had gone to the agricultural field when the applicant along with the co-accused murdered him on account of a dispute with regard to the partition of the agricultural fields. The informant was not the eye witness of the incident. Subsequently, based upon the confessional statement and the recovery of weapon allegedly used, applicant was arrested. The post mortem report on record indicates crushed injuries on the head, stabbed wounds on the neck and abrasion on the right side of the shoulder. It is further argued that the CDR records demonstrated the presence of the applicant, which is as the applicant was having residence there and thus, cannot be considered any evidence to link his name to offence in question. 4. Learned AGA has opposed the bail application. 5. Considering the fact that there is no eye witness of the incident and the Versus Counsel for Applicant(s) : Roshan Babu Gupta, Karunesh Singh, Mohammad Salim Khan, Narendra Gupta, Ram Sumiran Yadav, Vaibhav Shukla Counsel for Opposite Party(s) : G.A. Ashutosh @ Kant .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Sectt. Lko .....Opposite Party(s) applicant is being linked to the crime in question based upon the confessional statement and recovery has not been made in the presence of an independent witness coupled with the fact that the applicant is in custody since 25.10.2024 and has no previous criminal antecedent, I am of the view that the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant- Ashutosh @ Kant be released on bail in aforesaid FIR/Case Crime Number subject to his furnishing a personal bond and two reliable sureties of Rs.20,000/- (Twenty Thousand) 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. October 31, 2025 V. Sinha BAIL No. 1542 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench