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2025 DAILYLAW 203725 (ALL)

AVNISH SINGH v. STATE OF U.P. THRU. SECY. HOME LKO

BAIL/11499/2024 · 2025-10-28

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11499 of 2024 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA for the State; Shri Vineet Kumar Mishra, learned counsel for the informant and perused the record. 2. The applicant seeks enlargement on bail in FIR No.121 of 2024, under Section 302 IPC, P.S. Pachdevra, District Hardoi. 3. In terms of the FIR it was alleged that son of the informant had gone to agricultural fields and prior to the date of the incident, he was informed that the applicant had been threatening to kill him. Subsequently, the son of the informant was found dead. An apprehension was expressed that the applicant has committed the offence in question. There are no eyewitnesses to the incident. 4. My attention is drawn to the statement of the informant during trial wherein he stated that there was no enmity in between the applicant and the deceased. 5. Learned AGA, on the other hand, argues that blood stained shirt of the deceased was recovered at the instance and pointing out of the applicant. 6. Considering the fact that the apprehension has not been supported during trial by the informant coupled with the fact that the applicant has no criminal antecedent and is in custody since 23.05.2024, he is entitled to be enlarged on bail. In view thereof, the application is allowed. Versus Counsel for Applicant(s) : Arjun Singh Somvanshi Counsel for Opposite Party(s) : G.A., Vineet Kumar Mishra Avnish Singh .....Applicant(s) State Of U.P. Thru. Secy. Home Lko .....Opposite Party(s) 7. Let the applicant Avnish Singh 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 28, 2025 nishant BAIL No. 11499 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench