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2025 DAILYLAW 196318 (ALL)

GUDDU v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO

BAIL/1013/2025 · 2025-11-17

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. - 1013 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.159 of 2021, under Section 302 IPC, P.S. Husainganj, District Lucknow. 3. In terms of the FIR it was alleged that information was received by the informant that on 29.07.2021 brother of the informant was killed. Subsequently, the applicant was linked with the offence in question based upon the statement that on the date of the incident, it was seen that the applicant and the deceased were having a fight because of which the applicant allegedly hit him with a Belecha which resulted in death. 4. Learned counsel for the applicant draws my attention to the fact that the body in question was produced as an unknown body. It is further argued that the applicant is in custody since 01.08.2021 and has no criminal antecedents. It is further argued that only 2 witnesses out of total 20 witnesses have been examined. 5. Learned AGA has opposed the bail application. 6. Considering the fact that the applicant was linked with the offence based upon the statement whereas body was produced as an unknown body coupled with the fact that only 2 out of 20 witnesses have been examined, Versus Counsel for Applicant(s) : Riyaz Ahmad, Hemant Kumar Pandey, Osama Syed Counsel for Opposite Party(s) : G.A. Guddu .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko .....Opposite Party(s) thus, there is no likelihood of the trial being concluded in the near future, as such, in view of the pre-trial detention suffered by the applicant of more than four years and the applicant having no criminal antecedents, the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed. 7. Let the applicant Guddu 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 17, 2025 nishant BAIL No. 1013 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench