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2025 DAILYLAW 187495 (ALL)

KANDHAI SAROJ v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME U.P. LKO.

BAIL/10043/2025 · 2025-12-05

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. - 10043 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard Sri Atul Tiwari, learned counsel for the applicant as well as learned A.G.A. and perused the record. 2. The applicant seeks enlargement on bail in FIR No.72 of 2025, under Section 103(1) of BNS, Police Station Sangramgarh, District Pratapgarh. 3. Despite the grant of time vide order dated 06.11.2025, no objection has been filed. 4. The Counsel for the applicant argues that the FIR in question was lodged on 28.04.2025 alleging that the grand-mother of the informant was killed by some unknown person. No one was named in the FIR. Subsequently, after about 5-7 days, the statement of the sister of the deceased was recorded wherein she stated that the deceased had started staying with them and formed illicit relation with the applicant. It was also alleged that she saw the applicant was running from the spot and in the morning, his sister was found dead. Based upon the said statement, the applicant has been linked with the offence in question. 5. Learned A.G.A. vehemently opposed the bail prayer. 6. Considering the improbability of the statement, which has not even been reflected in the FIR and recording of the said statement and there being no eyewitness of the incident coupled with the fact that the Versus Counsel for Applicant(s) : Atul Tiwari Counsel for Opposite Party(s) : G.A. Kandhai Saroj .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Home U.P. Lko. .....Opposite Party(s) applicant has no criminal antecedents and is languishing in jail since 05.05.2025, 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 Kandhai Saroj 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 5, 2025 akverma BAIL No. 10043 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench