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2025 DAILYLAW 186667 (ALL)

UDDESHYA KUMAR @ SONU v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO.

/1666/2025 · 2025-11-20

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 1666 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.537 of 2024, under Section 103(1), 309(4), 317(2) BNS, P.S. Chinhat, District Lucknow. 3. FIR in question was lodged against unknown person alleging that brother of the informant had gone out of home and did not return back. Subsequently, his body was found near a lake. On perusal of the injuries it was apprehended that some unknown person had committed the offence in question. Cause of death as per the postmortem report is antemortem strangulation. Subsequently, the applicant was linked with the offence in question based upon confessional statement and recovery of a mobile. 4. Contention of learned counsel for the applicant is that there are no eyewitnesses to the incident. Recovery is not in accordance with law, there are no independent witnesses to the recovery and there was no motive at the instance of the applicant. The applicant is in custody since 25.11.2024 and has no criminal antecedents. 5. Learned AGA has opposed the bail application. 6. Considering the fact that the applicant was not named in the FIR and is Versus Counsel for Applicant(s) : Indra Pratap Singh, Aditya Vikram Shahi, Ashvani Kumar Yadav, Gyan Sagar Gupta, Shishir Kumar Srivastava Counsel for Opposite Party(s) : G.A., Satish Kumar Srivastava Uddeshya Kumar @ Sonu .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko. .....Opposite Party(s) linked with the offence solely based upon confessional statement which is a weak piece of evidence, the applicant who is in custody since 25.11.2024 and has no criminal antecedents, is entitled to be enlarged on bail. In view thereof, the application is allowed. 7. Let the applicant Uddeshya Kumar @ Sonu be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of the like amount 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. November 20, 2025 nishant BAIL No. 1666 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench