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2025 DAILYLAW 196447 (ALL)

MANIKANT DUBEY@ MANIKANT DWIVEDI v. STAYTE OF U.P. THRU. PRIN. SECY. HOME CIVIL SECRETARIAT U.P. GOVT. LKO.

BAIL/1456/2025 · 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. - 1456 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA for the State; Shri Seraj Ahmad, learned counsel for the informant and perused the record. 2. The applicant seeks enlargement on bail in FIR No.524 of 2024, under Section 87, 103(1), 238 BNS, P.S. Kotwali City, District Hardoi. 3. In terms of the FIR it was alleged that daughter of the informant aged about 22 years had come to the home of the applicant for celebrating Rakhi and the informant after leaving her there had left for his village. Subsequently, apprehension was expressed that the applicant had enticed her and thereafter, she went missing. Subsequently, a body was recovered buried and on the basis of the apprehension, the applicant was questioned and in terms of his confessional statement, he admitted that he had killed the victim as he was in love with her and had buried the body. The body was recovered at the instance and pointing out of the applicant from the place as stated in the confessional statement; a Fawda was also recovered at his instance and pointing out. 4. In the light of the said, learned counsel for the applicant argues that there are no eyewitnesses to the incident and apart from the confessional statement, recovery is not in the presence of independent witnesses. He further argues that the applicant is in custody since 23.08.2024 and has no criminal antecedents. 5. Learned counsel for the informant draws my attention to the statement of another witness wherein he had stated that he had seen a ladies purse with the applicant which Versus Counsel for Applicant(s) : Anil Kumar Singh, Ajeet Kumar Singh Counsel for Opposite Party(s) : G.A., Seraj Ahmad Manikant Dubey@ Manikant Dwivedi .....Applicant(s) Stayte Of U.P. Thru. Prin. Secy. Home Civil Secretariat U.P. Govt. Lko. .....Opposite Party(s) belonged to the deceased. Apprehension was expressed by the said witness that the applicant had committed the offence in question. 6. Learned AGA has opposed the bail application. 7. Considering the submission made at the Bar, prima-facie, the applicant was linked based upon suspicion and his confessional statement and recovery of the body and Fawda. The said confessional statement being weak piece of evidence and the fact that the applicant has no criminal antecedents and has suffered pre-trial detention of more than one year and three months, he is entitled to be enlarged on bail. In view thereof, the application is allowed. 8. Let the applicant Manikant Dubey@ Manikant Dwivedi 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. 1456 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench