Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 196223 (ALL)

SUMIT KASHYAP v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME, LUCKNOW

BAIL/15426/2023 · 2025-11-21

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. - 15426 of 2023 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned A.G.A for the State and perused the record. 2. The applicant seeks enlargement on bail in Case Crime No. 349 of 2022, under Sections 302 I.P.C, P.S. Kotwali City, District- Hardoi. 3. In terms of the FIR, it is alleged by the informant that he has two brothers and the applicant was the younger brother, who was in bad company. Subsequently, on account of demand of some money from the mother, which was refused, it was apprehended that the applicant had throttled her to death. 4. The contention of learned counsel for the applicant is that there are no eye witnesses to the said incident. The applicant is in custody since 19.06.2022, having no previous criminal antecedent. Therefore, he may be enlarged on bail. 5. Learned A.G.A has opposed the bail application. 6. Considering the material on record; the fact that four fact witnesses have already been examined, the fact that there is no eye witness to the said incident; also considering the pre-trial detention suffered by the applicant i.e. 3.5 years as also the fact that the applicant is in jail since 19.06.2022, having no criminal antecedents, therefore, the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed. 7. Let the applicant Sumit Kashyap 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 with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; Versus Counsel for Applicant(s) : Shailendra Singh Rajawat Counsel for Opposite Party(s) : G.A. Sumit Kashyap .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home, Lucknow .....Opposite Party(s) (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 21, 2025 DiVYa BAIL No. 15426 of 2023 2 (Pankaj Bhatia,J.) Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench