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2025 DAILYLAW 182687 (ALL)

SUNDAR LAL v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO

BAIL/8660/2024 · 2025-11-18

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8660 of 2024 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Rejoinder affidavit filed today is taken on record. 2. Heard learned counsel for the applicant, learned AGA and perused the record. 3. The applicant seeks enlargement on bail in FIR No. 349 of 2023, under sections 302 IPC, P.S. Machharehta, District Sitapur. 4. Learned counsel for the applicant argues that in terms of FIR it was alleged that husband of the informant had enmity with the applicant and on 20.11.2023 when the husband of the informant was going home the applicant attacked with banka which resulted in substantial injuries and death. In the light of the said allegations learned counsel for the applicant draws my attention to the statement of the informant during trial wherein she stated that at the time of incident she had gone for work and had not seen the incident. 5. Learned AGA has opposed the bail application. 6. Considering the specific statement of the informant during trial, however, without commenting upon the merits of the case, the applicant who is in jail since 23.11.2023 and has criminal history of one case in which final report has been filed is entitled to be enlarged on bail. In view thereof, the application is allowed. Versus Counsel for Applicant(s) : Kamlesh Kumar Gupta, Subodh Kumar Pandey, Vivek Chandra Counsel for Opposite Party(s) : G.A. Sundar Lal .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko .....Opposite Party(s) 7. Let the applicant Sundar Lal 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 18, 2025 J. K. Dinkar BAIL No. 8660 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench