GUDDU v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
/2436/2025 · 2025-11-19
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 183270 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 183270 (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. - 2436 of 2025
Court No. - 12 HON'BLE PANKAJ BHATIA, J.
1. Supplementary affidavit filed today in Court 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.181 of 2024, under Section 302, 201, 34 IPC, P.S. Sidhauli, District Sitapur. 4. In terms of the FIR lodged on 17.06.2024 it was alleged that family of the informant was having enmity with the family of the applicant and threats were issued on various occasions and ultimately in the night of 14/15.06.2024 son of the informant was sleeping at home alongwith his brother and when the informant got up at about 1 at night, the son was missing. Subsequently, the other son was woken up and a search was made and it was seen that the four accused named in the FIR were taking the body of the other son of the informant with a view to dispose it of and thereafter, the applicant ran away. 5. In the light of the said, submission of learned counsel for the applicant is that the FIR in question was lodged after three days without any explanation. 6. My attention is also drawn to the inquest report wherein the body was recovered from a Chara Machine near the home and a prima-facie view was formed that in view of the two injuries on the legs it appears that he Versus Counsel for Applicant(s) : Anurag Singh Counsel for Opposite Party(s) : G.A. Guddu .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s)
has died on account of falling down. Postmortem report on record indicates presence of three injuries - one is a contusion on the rib which was fractured and two abrasions on the left and right knee. A Danda was allegedly recovered at the instance and pointing out of the applicant to link him with the offence. 7. Learned AGA has opposed the bail application. 8. Considering the delay in lodging the FIR and the inquest report coupled with the postmortem report which prima-facie do not corroborate the allegation, as such, the applicant who is in custody since 04.08.2024 and has two case of criminal antecedents which have been duly explained which are minor offences, is entitled to be enlarged on bail.
In view thereof, the application is allowed. 9. Let the applicant Guddu 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 19, 2025 nishant BAIL No. 2436 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench