Kanhaiya vs State of U.P. — Allahabad HC (2025) — LawSathi Research

Kanhaiya vs State of U.P. — Allahabad HC (2025) — LawSathi Research

Neutral Citation No. - 2025:AHC:20731

Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2833 of 2025

Applicant :- Kanhaiya Opposite Party :- State of U.P. Counsel for Applicant :- Raj Kamal Counsel for Opposite Party :- G.A.

Hon'ble Sameer Jain,J.

Supplementary affidavit filed today on behalf of the applicant is taken on record.

Heard Sri Raj Kamal, learned counsel for the applicant and Sri Jhamman Ram, learned AGA-I for the State.

The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 344 of 2024, under Sections 309(6), 103, 238, 317(2) B.N.S., Police Station Jalesar, District Etah during pendency of the trial.

FIR of the present case was lodged against co-accused Khoosbo and two unknown ladies on the basis of suspicion with regard to murder of the father of the informant.

Learned counsel for the applicant submitted that applicant was not named in the FIR but during investigation on the basis of information given by the police informer he was arrested along with co-accused Jatin and as per prosecution, both confessed their guild and from their possession alleged looted golden chain of the deceased was recovered and except the confessional statement and recovery of golden chain, there is no cogent evidence on record.

He further submits, applicant is not having any criminal history and in the present matter he is in jail since 13.09.2024.

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

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

It appears to be a case of circumstantial evidence and it reflects, during investigation applicant and co-accused Jatin were arrested on the basis of information furnished by the police informer and thereafter they confessed their guilt and as per prosecution from the their possession alleged looted golden chain of the deceased was recovered and except these evidences there is no other evidence against the applicant on record.

Further, applicant is not having any criminal history and in the present matter he is in jail since 13.09.2024.

Therefore, considering the facts and circumstances of the case discussed above, 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 - Kanhaiya 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 :- 13.2.2025 AK Pandey

Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad