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2025 DAILYLAW 186974 (ALL)

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

BAIL/10873/2025 · 2025-11-15

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10873 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard Shri Ashutosh Kumar Shukla, learned counsel for the applicant, learned AGA and perused the record. 2. The applicant seeks enlargement on bail in FIR No.03 of 2024 under sections 302 IPC, Police Station Unchahar, District Raebareli. 3. Learned counsel for the applicant argues that in terms of the FIR, it was alleged that on 01.01.2024 at about 8 PM, the brother-in-law of the informant was hit by his own son, the applicant herein, on account of a petty dispute of payment of Rs. 500, because of which he subsequently died. The post-mortem report on record shows the presence of three injuries on the scalp, which was also because of the death. 4. Learned AGA has opposed the bail application. 5. Considering the facts and circumstances including the allegations itself reveals that the incident occurred on account of a petty dispute in the state of anger, prima facie, mens rea is absent and without commenting upon the merits of the case, the applicant who is in jail since 03.01.2024 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Sanjay Yadav @ Sanjay Kumar Yadav 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 Versus Counsel for Applicant(s) : Ashutosh Kumar Shukla Counsel for Opposite Party(s) : G.A. Sanjay Yadav @ Sanjay Kumar Yadav .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko .....Opposite Party(s) 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 15, 2025 Raj BAIL No. 10873 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- RAJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench