Bail application in a murder case where the applicant was implicated only on his brother's statement of having seen him near the deceased. No recovery from the applicant and FIR based largely on suspicion; court found sufficient grounds for bail and released the applicant subject to conditions.
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Neutral Citation No. - 2025:AHC-LKO:20238
Court No. - 15
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3048 of 2025
Applicant :- Upendra Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Govt. Of U.P. Lko. Counsel for Applicant :- Vijay Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Subhash Vidyarthi,J.
persons stated that they are not involved in commission of the offence and they further expressed their suspicion that the deceased might have been killed due to his illicit relations with several girls of the village and their names have been dropped by the Investigating Officer; after this suspicion expressed by the suspected persons, brother of the deceased stated five days after the incident that he had seen the applicant standing with Ranu near his shop and the applicant has been implicated on this basis; that besides the aforesaid statement, there is no other material available at this stage which may support the allegation that the applicant is involved in commission of the offence and that no incriminating material has been recovered on the pointing out or from possession of the applicant, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.
(i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial Court.
[Subhash Vidyarthi, J.]
Order Date :- 10.4.2025 -Amit K-
Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the applicant implicated on the basis of a single sighting statement should be enlarged on bail in a murder case under BNS sections 103(1), 238(3), 3(5) and 315.
3 provisions across 3 enactments
Upendra Yadav
Subhash Vidyarthi
As recorded by the court registry
2 orders share this CNR
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