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2025 DAILYLAW 184754 (ALL)

SANDEEP KUMAR YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/5452/2024 · 2025-11-25

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. - 5452 of 2024 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard Sri Arun Sinha, learned counsel for the applicant as well as learned A.G.A. and Sri Riyaz Ahmad, learned Counsel for the informant. 2. The applicant seeks enlargement on bail in FIR No.22 of 2024, under Section 302 IPC and Sections 3/25/27 Arms Act, Police Station Mall, District Lucknow. 3. In terms of the FIR, it was alleged that the brother of the informant had open the shop and sitting on a bench, when some unknown person came and inflicted fire arm injury, which resulted in his death. Subsequently, based upon the confessional statement and the recovery of the weapon, the applicant was linked with the offence in question. 4. Submission of the Counsel for the applicant is that apart from the confessional statement, no evidence existed against the applicant. It is further argued that two of the witnesses have been examined and they stated nothing against the applicant except the motive. 5. Learned A.G.A. vehemently opposed the bail prayer. 6. Considering the fact that the evidence based upon which the applicant was apprehended is prima facie weak coupled with the fact that the applicant has no criminal antecedents and is languishing in jail since Versus Counsel for Applicant(s) : Roshan Babu Gupta, Arun Sinha, Shushil Kr. Sharma Counsel for Opposite Party(s) : G.A., Hemant Kumar Pandey, Osama Syed, Riyaz Ahmad Sandeep Kumar Yadav .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) 26.01.2024, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. 7. Let the applicant Sandeep Kumar Yadav 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. November 25, 2025 akverma BAIL No. 5452 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench