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2025 DAILYLAW 185594 (ALL)

ARVIND @ MONU v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

/2874/2024 · 2025-12-09

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 2874 of 2024 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Rejoinder affidavit filed today is taken on record. 2. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record. 3. The applicant seeks enlargement on bail in S.T. No.1792 of 2023 arising out of FIR No.433 of 2023, under Sections 302, 392, 411 IPC, Police Station Khero, District Raebareli. 4. In terms of the FIR, allegations were levelled that the father of the informant aged about 60 years working as a Watchman in a brick field and on 02.10.2023 at about 3:00, in the night, an information was received that some unknown had killed him. No one was named in the FIR. Subsequently, based upon the statement of the independent witness, who stated that the deceased was working for the last 6-7 years in the brick field. He also stated that evening before, there was a dispute in between the deceased of the applicant. Based upon the said statement as well as the confessional statement, the applicant was linked with the offence in question. 5. In the light of the aforesaid, the submission of the Counsel for the applicant is that as per the postmortem report, there were four incised Versus Counsel for Applicant(s) : Sachin Verma, Dharmendra Kumar Trivedi, Praveen Kumar Pandey, Vidhu Bhushan, Vineeta Pandey, Vinod Kumar Yadav Counsel for Opposite Party(s) : G.A. Arvind @ Monu .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) wounds on the skull region and were also the cause of death. It is further argued that there is no eyewitness of the incident and solely based upon the apprehension expressed and the confessional statement, the applicant is linked with the offence in question. My attention has been drawn to the statement of PW-1 recording during trial wherein he stated that the deceased had fight with the owner of the brick field Anshu Singh. The applicant was not even named in the FIR. 6. Learned A.G.A. vehemently opposed the bail prayer. 7. Considering the material to link the applicant to be prima facie weak and the fact that the applicant has no criminal antecedents and is languishing in jail since 05.10.2023, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed . 8. Let the applicant Arvind @ Monu 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 9, 2025 akverma BAIL No. 2874 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench