Pankaj Kumar vs State of U.P. and Another

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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CRIMINAL MISC. BAIL APPLICATION No. - 9391 of 2026

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Pankaj Kumar

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.....Applicant(s)

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	Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Chhedi Lal Kushwaha, Sanjay Kumar
Counsel for Opposite Party(s)	: G.A.
Court No.- 67

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HON'BLE SAMEER JAIN, J.

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Sri Raj Nath Yadav, learned Advocate filed his power on behalf of informant today in the Court, which is taken on record.

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Heard Sri Sanjay Kumar, learned counsel for the applicant, Sri Raj Nath Yadav, learned counsel for informant and Sri Kunwar Tejandra Bahadur, learned AGA for the State.

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The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 306 of 2025, under Sections 85, 80(2) BNS and Section 3/4 D.P. Act, Police Station Karari, District Kaushambi during pendency of the trial.

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Learned counsel for the applicant submits, applicant is Jeth of the deceased and on the basis of false allegation he has been made accused in the present matter.

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He further submits, being Jeth of the deceased applicant was not having any concern with the family affairs of the deceased and it appears, some dispute arose between husband and wife and thereafter deceased consumed pesticide and died and even from bail rejection order it reflects, deceased died due to consumption of Aluminum Phosphide.

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He further submits, applicant is not having any criminal history and there is no specific allegation against him and in the present matter he is in jail since 01.10.2025.

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Per contra, learned AGA as well as learned counsel for informant opposed the prayer for bail but could not dispute the fact that applicant is Jeth of the

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BAIL No. 9391 of 2026

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2

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deceased and there is no specific allegation against him and deceased died due to consumption of Aluminum Phosphide and in the present matter he is in jail since 01.10.2025.

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

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Considering the argument advanced by learned counsel for the parties and the fact that applicant is Jeth of the deceased and there is no specific allegation against him and considering the viscera report of the deceased, details of which has been mentioned in the rejection order passed by the court concerned, possibility of suicide committed by the deceased at this stage cannot be ruled out and applicant is not having any criminal history and in the present matter he is in jail since 01.10.2025, in my view, applicant is entitled to be released on bail.

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

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Let the applicant - Pankaj Kumar 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:-

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

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(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.

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

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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.

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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.

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March 19, 2026 AK Pandey

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(Sameer Jain,J.)

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

Pankaj Kumar v. State of U.P. and Another

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Pankaj Kumar v. State of U.P. and Another

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