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2025 DAILYLAW 51932 (ALL)

NARENDRA KUMAR v. State of UP

BAIL/14969/2024 · 2025-02-16

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:22475 Court No. - 73 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14969 of 2024 Applicant :- Narendra Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar,Geetam Singh Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Supplementary affidavit filed today is taken on record. 2. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 3. The present bail application has been filed by the applicant in Case Crime No. 369 of 2023, under Sections 302, 201 IPC, Police Station Dholna, District-Kasganj with the prayer to enlarge the applicant on bail. 4. It has been argued by learned counsel for the applicant that the applicant-accused is innocent and he has been falsely implicated in this case. The first information report was lodged by village Chaukidar on 14.12.2023, stating that on 1.12.2023 dead body of an unknown person has been found at Dholna- Charra road. Said dead body was later on identified to be of Gyan Singh. Applicant is son of deceased. As per prosecution version, deceased has deserted mother of applicant and he has started living with one Shanti Devi and he was insisting to sell his property, which was being objected by applicant and his brother Neeraj. Learned counsel submitted that the said allegation is wholly false and there is no eye witness of alleged incident. Applicant has been falsely implicated merely on the basis of suspicion. During trial alleged Shanti Devi has not made any incriminating statement against the applicant. The mother of the applicant, namely, Suraj Mukhi has also been examined before the trial Court and she has also not supported prosecution version. The allegation that applicant was involved in murder of his father is wholly false and applicant has absolutely no motive to indulge in such incident. No recovery of any incriminating article or weapon has been made from applicant. Co-accused Awadhesh Kumar, who is step brother of applicant, has already been granted bail by this Court, copy of this order is available on record. It is further submitted that material witnesses have already been examined and thus, there is no possibility of tampering with evidence. Applicant has no criminal history. Lastly, it was submitted that applicant is in jail since 15.12.2023 and that in case applicant is enlarged on bail, he will not misuse the liberty of bail. 5. Learned A.G.A. has opposed the bail application. 6. Considering the submissions of learned counsel for the parties, nature of accusations, period of custody and all attending facts, without expressing any opinion on the merits, a case for bail is made out. Hence, the bail application is hereby allowed. 7. Let the applicant - Narendra Kumar involved in the aforesaid crime be released on bail on furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned subject to the following conditions: i. The applicant-accused shall not tamper with the evidence during trial. ii. The applicant-accused shall not pressurize/intimidate the prosecution witnesses. iii. The applicant-accused shall appear before the trial court on the date fixed, unless personal presence is exempted. iv. The applicant-accused shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. iv. The applicant-accused 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence. 8. In case of breach of any of the above condition, the court concerned shall be at liberty to cancel the bail of applicant- accused in accordance with law. Order Date :- 17.2.2025 RKM Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad