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2025 DAILYLAW 184194 (ALL)

DEEPU v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO.

BAIL/2439/2025 · 2025-11-25

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 2439 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. 231 of 2024 under Sections 103(1) and 238 of BNS, registered at P.S. Hardattnagar Girant District Shrawasti. 3. Learned counsel for the applicant argues that in terms of the FIR it was alleged that the son of the informant aged about seven years had gone out of home at about 1:00 PM and subsequently his body was found at about 4:00 PM. It was stated that some unknown person had throttled him to death. It was also stated that when she had seen at around 12:00 PM, the mother of the victim had also come and subsequently the body was recovered. The counsel for the applicant states that the FIR in question was lodged at about 08.50 PM on 10.12.2024 and in terms of the statement she had informed the mother of the child which was not even recorded in the FIR. 4. Learned AGA has opposed the bail application. 5. Considering the nature of the evidence against the applicant to be the last seen on the basis of statement, which is prima facie weak in nature, as such, the applicant who is in jail since 12.12.2024 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant, Deepu 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 Versus Counsel for Applicant(s) : Manoj Kumar Singh Counsel for Opposite Party(s) : G.A., Abhishek Dwivedi Deepu .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home U.P. Lko. .....Opposite Party(s) 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 25, 2025 Anurag BAIL No. 2439 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench