Sukhendra Lodh Vs State of U.P. Thru. Addl. Chief Secy. Home Lko.

Court No. - 12

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4323 of 2025

Applicant :- Sukhendra Lodh Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. Counsel for Applicant :- Arpit Singh Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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Heard Shri Arpit Singh, learned counsel for the applicant, learned A.G.A. for the State and perused the records.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No.159 of 2023, under Sections 302, 34 I.P.C. and Section 3/25 of Arms Act, registered at Police Station Unchahar, District Raebareli.

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The aforesaid case has been registered on the basis of an F.I.R. lodged on 03.04.2023 at 23:16 hours against (i) Sukhendra Lodh (ii) Motu @ Mohit and (iii) Rohit alleging that while informant's husband, her brother Harikesh and her cousin Kundan Lodh were eating eggs in an egg shop in front of Pawan Kirana Store, three named accused persons came from behind and shot at the informant's husband. The F.I.R. states that an old property dispute is pending in a court between the accused persons and the informant.

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In the statement of the informant recorded under Section 161 Cr.P.C., she reiterated the F.I.R. version. Statement of Harikesh, brother of the informant, who is stated to be an eye witness in the F.I.R., was also recorded, wherein he also reiterated the F.I.R. version. However, the other eye witness Kundan Lodh as well as the egg shop owner Sahil added the name of the applicant, besides three persons named in the F.I.R.

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The post-mortem examination report mentions a single injury i.e. a circular entry wound of 4cm diameter with lacerated margins in the head and the cause of death has been opined to be haemorrhagic shock due to ante mortem firearm injury.

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It is submitted on behalf of the applicant that the applicant is innocent and he has no criminal history, role assigned to the applicant is similar to co-accused Shivbalak and Avadhesh Lodh, who have been granted bail by a co-ordinate bench of this Court vide order dated 18.03.2025 and 18.04.2025

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respectively. The applicant is in jail since 06.04.2023.

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Learned A.G.A. has vehemently opposed the prayer for bail however he does not dispute that this is a case of parity.

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Perused the record.

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On due consideration of bail order of co-accused Shivbalak and Avadhesh Lodh as well as the applicant has no previous criminal antecedents . Charge sheet has been filed. The applicant is languishing in jail since 06.04.2023 and role assigned to the applicant is similar to that of co-accused named above, who have been granted bail, this Court find it a fit case for enlarging the applicant on bail.

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Accordingly, this bail application stands allowed .

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Let the applicants, Sukhendra Lodh , be released on bail in the aforesaid First Information Report, subject to their furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court below concerned, with the following conditions:

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(i) The applicant shall not tamper with the evidence during the trial.

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(ii) The applicants shall not pressurize or intimidate the prosecution witnesses.

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(iii) 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 to tamper with the evidence.

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(iv) The applicant shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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Order Date :- 21.8.2025 Haseen U.

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Digitally signed by :- HASEENUDDIN High Court of Judicature at Allahabad, Lucknow Bench

Sukhendra Lodh v. State of U.P. Thru. Addl. Chief Secy. Home Lko.

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Sukhendra Lodh v. State of U.P. Thru. Addl. Chief Secy. Home Lko.

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