NANKU @ AKBAR ALI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
BAIL/5471/2025 · 2025-07-10
Rajesh Singh Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 144853 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 144853 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:39535 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5471 of 2025 Applicant :- Nanku @ Akbar Ali Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Rahul Srivastava Counsel for Opposite Party :- G.A.,Anuradha Singh Hon'ble Rajesh Singh Chauhan,J.
1. Heard Sri Rahul Srivastava, learned counsel for the applicant, Sri Nikhil Singh, learned A.G.A for the State of U.P. and learned counsel for the informant. 2. The present bail application has been filed on behalf of the applicant in Case Crime No.83 of 2025, under Sections 80(2), 85, 352, 351(3) BNS and Section 3/4 D.P. Act, Police Station - Kaisarganj, District - Bahraich, with the prayer to enlarge him on bail. 3. Learned counsel for the applicant submits that the applicant is an innocent person and has been falsely implicated in the case and he is in jail since 7.4.2025. He further submits that marriage of son of the applicant was solemnized with daughter of the informant and quarrel took place, as a result, incident in question has taken place and daughter of the informant died. He further submits that F.I.R. of the case in question was lodged on exaggerated facts dragging all the in-laws. Applicant is father-in-law and the mother-in-law has already been granted bail on 11.6.2025 vide Criminal Misc. Bail Application No. 5215 of 2025. He also submits that applicant is aged about 55 years and he is ready to cooperate in the investigation. He further submits that applicant will not involve in any illegal activities in the future. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail. 4. Learned A.G.A. has opposed the prayer for grant of bail and submits that sufficient evidences were found against the applicant, but he does not dispute this fact that
basically quarrel used to take place in between the deceased and her husband. 5. Considering the rival submissions of learned counsel for applicant, learned A.G.A., material available on record, contents of F.I.R., other relevant documents, nature of offence as well as facts and circumstances of the case and the fact that applicant is father-in-law and the mother- in-law has already been granted bail on 11.6.2025 vide Criminal Misc.
Bail Application No. 5215 of 2025, applicant is aged about 55 years and he is ready to cooperate in the investigation, I am of the view that the applicant is entitled to be released on bail. 6. Let applicant Nanku @ Akbar Ali be released on bail in aforesaid Case Crime, on her furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:- (i) The applicant shall file an undertaking to the effect that he / she 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. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him / her under Section 269 of the B.N.S., 2023. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 of B.N.S.S., 2023 may be issued and if the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him / her in accordance with law, under Section 208 of the B.N.S., 2023. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of B.N.S.S., 2023. If in the opinion of the trial court absence of the applicant is deliberate or without
sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him / her in accordance with law. 7.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 10.7.2025 Om Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench