Preetam Pandey vs State of U.P. Thru. Its… — Murder and Culpable Homicide | Allahabad HC (2025)

Preetam Pandey vs State of U.P. Thru. Its… — Murder and Culpable Homicide | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Bail application allowed; applicant Preetam Pandey to be released on bail in F.I.R./Case Crime No. 65 of 2023 on furnishing a personal bond with two sureties of the like amount to the satisfaction of the court concerned, subject to conditions: (a) execution of a bond undertaking to attend hearings; (b) not committing any similar offence; (c) no inducement, threat or promise to any person acquainted with the facts so as to dissuade disclosure, nor tampering with evidence.

Issue for consideration

Whether applicant Preetam Pandey, booked in F.I.R./Case Crime No. 65 of 2023 under Sections 302, 307, 325, 504, 506, 120-B and 34 I.P.C. (Police Station Kurwar, District Sultanpur), is entitled to enlargement on bail.

Court's answer

Weighing the facts and circumstances of the case together with the applicant's detention of more than two and a half years since 05.03.2023 (recorded by the court as 'without any criminal antecedents'), the court enlarged the applicant on bail.

Detailed headnote1 paragraphs

Allahabad H.C. (Lucknow Bench) — CRIMINAL MISC. BAIL APPLICATION No. 4938 of 2024 (decided October 7, 2025; Pankaj Bhatia, J.). Applicant Preetam Pandey, charged in F.I.R./Case Crime No. 65 of 2023 under Sections 302, 307, 325, 504, 506, 120-B and 34 I.P.C. (Police Station Kurwar, District Sultanpur) for an alleged firearm attack of 04.03.2023 causing gun-shot injury to Dharmendra Nishad and injuries to Chhullu Nishad amid claimed old enmity, was enlarged on bail. Counsel urged that the injured eyewitness Chhullu Nishad @ Arjun, the main eye witness, stated he did not recognize any assailant, and that the applicant's criminal history comprised four cases of minor penal offences; the A.G.A. and the informant's counsel opposed. The court, weighing facts and circumstances and detention exceeding two and a half years since 05.03.2023 (which it recorded as 'without any criminal antecedents'), allowed the application, directing release on a personal bond with two sureties of the like amount under standard conditions of attendance, abstention from similar offences, and non-tampering.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL MISC. BAIL APPLICATION No. - 4938 of 2024

Preetam Pandey

.....Applicant(s)

Versus

State Of U.P. Thru. Its Secy. Deptt. Of Home

.....Opposite Party(s)

Counsel for Applicant(s) : Ravindra Shukla
Counsel for Opposite Party(s) : G.A., Ajay Madhavan

Court No. - 12

HON'BLE PANKAJ BHATIA, J.

Supplementary affidavit, filed by learned counsel for the applicant, is taken on record.

Heard Shri Ravindra Shukla, learned counsel for the applicant, Shri Ajay Madhavan, learned counsel appearing for the informant as well as learned AGA for the State and perused the material available on record.

The applicant seeks enlargement on bail in F.I.R./Case Crime No. 65 of 2023, under Sections 302, 307, 325, 504, 506, 120-B and 34 I.P.C., Police Station Kurwar, District Sultanpur.

In terms of the F.I.R., it was alleged that on 04.03.2023 at about 6:00 pm., the son of the informant was coming with one Chhullu Nishad on the motorcycle and on the way, all the accused including the present applicant on account of old enmity caused firearm injuries as a result whereof, Dharmendra Nishad suffered gun shot injury in the stomach and, the coaccused Chhullu Nishad also suffered injuries on the hand.

In the light of the said allegation, learned counsel for the applicant draws my attention to the statement of the injured Chhullu Nishad @ Arjun, which is on record, wherein he stated that he did not recognize any of the assailants and there was no enmity in between, then and anyone else. In view thereof, the main eye witness to the incident, has not supported the prosecution story, the applicant is in custody since 05.03.2023 and he is having criminal history of four cases, which is pertaining to minor penal offences as such, the applicant is entitled to be enlarged on bail.

BAIL No. 4938 of 2024

2

Learned A.G.A. as well as learned counsel for the informant have opposed the bail application.

Considering the facts and circumstances of the case coupled with the fact that applicant is in custody for more than two and half years i.e. since 05.03.2023 without any criminal antecedents, the applicant is enlarged on bail. In view thereof, the application is allowed.

Let the applicant- Preetam Pandey be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of the like amount to the satisfaction of court concerned with the following conditions:

(a) The applicant shall execute a bond to undertake to attend the hearings;

(b) The applicant shall not commit any offence similar to the offence of which she is accused or suspected of the commission; and

(c) 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 tamper with the evidence.

October 7, 2025

Praveen

(Pankaj Bhatia,J.)

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