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2025 DAILYLAW 197143 (ALL)

PRAMOD KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.

BAIL/4508/2025 · 2025-10-27

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. - 4508 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.304 of 2024, under Section 191(2), 103(1), 333 BNS, P.S. Unchahar, District Raebareli. 3. In terms of the FIR it was alleged that on account of a land dispute, a dispute had occurred in between the parties and on 03.08.2024 a fight had taken place. Subsequently, on the same date at about 10 PM, the informant had seen that all the co-accused had taken the victim and had throttled him to death. FIR in question lodged on 04.08.2024 at about 16:50 hours. 4. In the light of the said allegation, learned counsel for the applicant draws my attention to the Panchnama in which two of the signatories were Sursati and Rahul. At the time of inquest, they had stated that they could not ascertain the cause of death. Subsequently, in the statement recorded by the said two witnesses, allegations were levelled against all the co-accused of having caused the offence in question. The applicant is in custody since 05.08.2024 and has no criminal antecedent except from a case which arises out from the same incident. 5. Learned AGA has opposed the bail application. 6. Considering the inconsistencies in the two statements - one recorded during inquest proceedings and other subsequent thereof - coupled with the Versus Counsel for Applicant(s) : Shishir Pradhan Counsel for Opposite Party(s) : G.A., Mahesh Kumar Sharma Pramod Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) fact that no specific allegation has been levelled against any of the accused, the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed. 7. Let the applicant Pramod Kumar 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. October 27, 2025 nishant BAIL No. 4508 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench