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2025 DAILYLAW 184008 (ALL)

RAJNISH @ CHHOTU NISHAD v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/8304/2025 · 2025-12-11

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8304 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record. 2. The applicant seeks enlargement on bail in FIR No.378 of 2024, under Section 103 (1) of BNS, Police Station B.K.T., District Lucknow. 3. In terms of the FIR, allegations were levelled that the son of the informant had left home on 09.12.2024 for a wedding function and his body was found on the next day at an open place and apprehension was expressed that the son of the informant was killed by one Gudiya along with Washim as they were having illicit relation which was opposed by the son of the informant. Subsequently, the applicant, who was not even named in the FIR, was linked with the offence in question solely based upon CCTV footage wherein the deceased was seen going towards his house and an unknown person, who is the applicant, seen coming from the same place and apprehension was expressed that the said suspected person committed the offence and based upon the said, the applicant was linked with the offence in question. The cause of death as per the postmortem report are substantial injury on the body, which are 8 in number and the cause of death is ante mortem throttling. 4. Learned A.G.A. vehemently opposed the bail prayer. 5. Considering the nature of the evidence to link the applicant, who was a Versus Counsel for Applicant(s) : Dr. Ajai Pratap Singh Chauhan, Saurabh Mishra Counsel for Opposite Party(s) : G.A. Rajnish @ Chhotu Nishad .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) Waiter and there being no alternative motive to link the applicant with the offence in question and the fact that the applicant has no criminal antecedents and is languishing in jail since 14.12.2024, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. 6. Let the applicant Rajnish @ Chhotu Nishad be released on bail in the abovesaid first information report number on his furnishing personal bonds and two reliable sureties of the like amount each 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. December 11, 2025 akverma BAIL No. 8304 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench