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2025 DAILYLAW 183184 (ALL)

SANTOSH KUMAR KANAUJIYA @ BIHARI v. STATE OF U.P THRU. ADDL. CHIEF SECY. HOME CIVIL SECRT. LKO.

BAIL/3803/2024 · 2025-11-11

Pankaj Bhatia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 3803 of 2024 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.0332 of 2023 under section 302, 201 IPC, P.S. Bangarmau, District Unnao. 3. In terms of the FIR, it was alleged that the brother of the informant was taken by the applicant to perform some puja at his home and the said accused murdered him and burned his body. 4. In light of the said allegations, the submission of the counsel for the applicant is that the evidence on record suggests a case of circumstantial evidence in which one of the witnesses has deposed that on the date of the incident, the door was opened by the applicant, from which the body was found burned. The counsel for the applicant further argues that the applicant has been in custody since 26/8/2023 and has no criminal antecedents. 5. The report from the trial court indicates that seven prosecution witnesses have already been examined out of a total of 24 witnesses. Thus, there is no likelihood of the trial being concluded in the near future. 6. Considering the fact that the entire case is based upon circumstantial evidence coupled with the fact that there are no eyewitnesses to the incident and the fact witnesses have already been examined, as such, there is nothing Versus Counsel for Applicant(s) : Amit Chaudhary, Ram Naresh Singh Chauhan, Utkarsh Counsel for Opposite Party(s) : G.A. Santosh Kumar Kanaujiya @ Bihari .....Applicant(s) State Of U.P Thru. Addl. Chief Secy. Home Civil Secrt. Lko. .....Opposite Party(s) on record to demonstrate that the applicant, if enlarged on bail, can have any adverse effect on the trial, the applicant is entitled to be enlarged on bail. Thus the bail application is allowed. 7. Let the applicant Santosh Kumar Kanaujiya @ Bihari 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 11, 2025 VNP/- BAIL No. 3803 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench