Upendra Kumar Alias Sonu Pandit vs State of… — Murder and Culpable Homicide | Allahabad HC (2025)

Upendra Kumar Alias Sonu Pandit vs State of… — Murder and Culpable Homicide | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Bail granted: applicant Upendra Kumar @ Sonu Pandit to be released in Case Crime No.0260 of 2024 on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions: (i) appearance before the trial court on dates fixed unless exempted; (ii) no inducement, threat or promise to any person acquainted with the facts so as to dissuade disclosure, and no tampering with evidence; (iii) no indulgence in criminal or anti-social activity. On breach of any condition, the prosecution is at liberty to move for cancellation of bail.

Issue for consideration

Whether the applicant Upendra Kumar Alias Sonu Pandit is entitled to be released on bail in Case Crime No.0260 of 2024, Police Station Sajeti, District Kanpur Nagar, under Sections 115(2), 140(1), 103(1) and 238 BNS, during pendency of the trial.

Court's answer

The applicant is entitled to be released on bail, considering: (i) parity with similarly placed co-accused Abhay, already released on bail by this Court after considering the entire facts in detail; (ii) the applicant's absence of previous criminal history; and (iii) his incarceration since 03.12.2024, i.e., for more than five months.

Key takeaways

The observations made in the order are limited to the facts brought in by the parties pertaining to the disposal of the bail application and shall have no bearing on the merits of the case during trial.obiter¶¶22

Detailed headnote1 paragraphs

Allahabad High Court (Sameer Jain, J.) allowed Criminal Misc. Bail Application No. 10674 of 2025 filed by Upendra Kumar alias Sonu Pandit seeking bail in Case Crime No. 0260 of 2024, Police Station Sajeti, District Kanpur Nagar, under Sections 115(2), 140(1), 103(1) and 238 BNS, during pendency of trial. Bail was granted principally on parity: a similarly placed co-accused, Abhay, had already been released on bail by the Court on 19.3.2025 in Criminal Misc. Bail Application No. 2968 of 2025 after considering the entire facts in detail. The Court also noted the applicant's absence of previous criminal history and that he had been in jail since 03.12.2024, i.e., for more than five months. Release was ordered on furnishing a personal bond and two sureties each in the like amount, subject to conditions of attendance before the trial court, abstention from inducement/threat/tampering with evidence, and abstention from criminal or anti-social activity, with liberty to the prosecution to seek cancellation on breach. The Court expressly clarified that its observations were limited to the disposal of the bail application and would have no bearing on the merits at trial.

Neutral Citation No. - 2025:AHC:78627

Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10674 of 2025

Applicant :- Upendra Kumar Alias Sonu Pandit Opposite Party :- State of U.P. Counsel for Applicant :- Dharmendra Kumar Singh,Vijay Laxmi Counsel for Opposite Party :- G.A.

Hon'ble Sameer Jain,J.

Heard Sri Dharmendra Kumar Singh, learned counsel for the applicant and Dr. S.B.Maurya, learned AGA-I, for the State.

The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.0260 of 2024, under Sections 115(2), 140(1) 103(1) and 238 BNS, Police Station Sajeti, District Kanpur Nagar during pendency of the trial.

Learned counsel for the applicant submits that FIR of the present case was lodged after two months against applicant and three others including co-accused Abhay and after considering entire facts in detail co-accused Abhay has been released on bail by this Court vide order dated 19.3.2025 passed in Criminal Misc.Bail Application No. 2968 of 2025 and on facts, case of applicant is at par with him.

He further submits, it appears that except suspicion there is no evidence against the applicant on record.

He next submits that even till date dead body of the deceased could not be recovered.

He further submits that applicant is not having any previous criminal history and in the present matter he is in jail since 03.12.2024, i.e, for the last more than five months.

Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by the learned counsel for the applicant.

I have heard learned counsel for the parties and perused the record of the case.

Considering the argument advanced by the learned counsel for the applicant and the fact that similarly placed co-accused Abhay has already been released on bail by this Court after considering entire facts in detail and applicant is not having any previous criminal history and in the present matter he is in jail in since 03.12.2024, i.e., for the last more than five months, in my view, applicant is entitled to be released on bail.

Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

Let the applicant- Upendra Kumar @ Sonu Pandit be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence.

(iii) The applicant shall not indulge in any criminal and anti-social activity.

In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this

Court for cancellation of the bail of the applicant.

It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.

Order Date :- 14.5.2025 SKM

Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad