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2025 DAILYLAW 184172 (ALL)

NIRBHAY SINGH v. STATE OF U.P. THRU. PRIN. SECY. LKO AND 3 OTHERS

BAIL/769/2025 · 2025-10-30

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 769 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. The applicant seeks enlargement on bail in FIR No.803 of 2024, under Section 137(2), 103(1), 238 BNS & Section 5(M)/6 of POCSO Act, P.S. Kotwali, District Unnao. 3. In terms of the FIR lodged as a missing person report it was alleged that son of the informant aged about 9 years was missing. Subsequently, the body of the deceased was recovered with injuries. No one was named in the FIR. However, on the basis of a confessional statement and recovery, the applicant and the other co-accused was linked with the offence in question. 4. Learned counsel for the applicant draws my attention to the statement of the co-accused who did not name the applicant and confess to the crime. There are no eyewitnesses to the incident. No recovery except the confessional statement, could be done from the applicant. The applicant has one case of criminal antecedent in which he is on bail. 5. Learned AGA has opposed the bail application. 6. Considering the nature of evidence against the applicant, the applicant who is in custody since 06.11.2024 is entitled to be enlarged on bail. In view thereof, the application is allowed. Versus Counsel for Applicant(s) : Sagar Singh, Shri Ram Maurya Counsel for Opposite Party(s) : G.A. Nirbhay Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Lko And 3 Others .....Opposite Party(s) 7. Let the applicant Nirbhay Singh 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. October 30, 2025 nishant BAIL No. 769 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench