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2025 DAILYLAW 131678 (ALL)

POOJA KUMARI v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. GOVT. OF U.P. LKO. AND ANOTHER

NABAIL/288/2025 · 2025-04-04

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:18892 Court No. - 15 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 288 of 2025 Applicant :- Pooja Kumari Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Govt. Of U.P. Lko. And Another Counsel for Applicant :- Vishwa Nath Singh,Shiv Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Vishwa Nath Singh, the learned counsel for the applicant, Sri Akhilesh Kumar Vyas, the learned AGA-I for the State and perused the records. 2. The instant application has been filed seeking anticipatory bail in Case Crime No. 1114/2024, under Sections 108, 3(5), 351(3) of B.N.S. Act, 2023, Police Station Kotwali Nagar, District Barabanki. 3.The aforesaid case has been registered on the basis of an F.I.R. lodged on 06.12.2024 against six persons, including the applicant, stating that because of an old animosity, all the accused persons cut the throat of the informant's son and hanged him from a tree. 4. The post mortem examination report mentions a ligature mark around neck of the dead body. A lacerated wound of size 3.5 cm x 0.5 cm, skin deep was also present above the ligature mark. 5. Three co-accused persons Surendra Yadav, Siyawati and Kuldeep Yadav have been granted regular bail by means of an order dated 18.12.2024 passed by the Sessions Court. 6. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the dead body has a lacerated wound on the neck besides a ligature mark; three co- accused persons have been granted regular bail, I am of the view that the case does not warrant exercise of discretion of this Court by granting pre-arrest bail to the applicant. 7. Accordingly, this anticipatory bail application is rejected. [Subhash Vidyarthi, J.] Order Date :- 4.4.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench