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2025 DAILYLAW 190369 (ALL)

RADHEY LAL ALIAS SANTOO v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. SECTT. LKO

/5239/2024 · 2025-11-24

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 5239 of 2024 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.342 of 2023, under Section 302 IPC, P.S. Manpur, District Sitapur. 3. In terms of the FIR, allegations were levelled that daughter-in-law of the informant was having illicit relations with the applicant which was opposed by her husband. Subsequently, on account of a dispute in between them, the applicant alongwith daughter-in-law pushed him in a drain and committed him to death. Postmortem report on record indicates the cause of death as antemortem drowning, and contusion injury was present on the right side of the scalp, elbow joints and knee joints. 4. Learned counsel for the applicant and learned AGA draw my attention to the statements of the eyewitnesses son and daughter of the deceased, wherein they stated that the applicant as well as mother of the said witness had drowned him to death. In the statement of the eyewitnesses, there are no allegations by the eyewitnesses that he was pushed and thereafter, he died on account of being deliberately drowned. 5. Considering the injury report and the postmortem report and the statements which indicate that the alleged act was done on account of the Versus Counsel for Applicant(s) : Rajiv Raman Srivastava, Krishna Kumar Singh, S.P. Singh Somvanshi Counsel for Opposite Party(s) : G.A. Radhey Lal Alias Santoo .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Sectt. Lko .....Opposite Party(s) dispute, presence of premeditated intent appears to be missing, as such, the applicant who is in custody since 07.09.2023 and has one case of criminal antecedents in which the applicant is not even been charge-sheeted, is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Radhey Lal Alias Santoo 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 24, 2025 nishant BAIL No. 5239 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench