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2025 DAILYLAW 145856 (ALL)

SURAJ KASHYAP v. STATE OF U.P. THRU. SECY. DEPTT. OF HOME LKO

BAIL/5898/2025 · 2025-10-09

Pankaj Bhatia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 5898 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record. 2. The applicant seeks enlargement on bail in FIR No.163 of 2024, under Sections 85, 80, 351 (3) of BNS and Section 3/4 of D.P. Act, Police Station Amethi, District Amethi. 3. It is argued by the Counsel for the applicant that the co-accused i.e. father in law and the mother in law have been enlarged on bail vide order dated 21.01.2025 and 21.11.2024 respectively. It is however argued that in terms of the postmortem report, the hyoid bone was found to be intact, thus, it cannot be said to be a death of strangulation as it is a death of suicidal death. It is argued that the applicant is in custody since 06.08.2024 and has no criminal antecedents. 4. Learned A.G.A. vehemently opposed the bail prayer. 5. Considering the aforesaid submissions and the fact that there are inconsistencies in the conclusion drawn in the postmortem report couple with the fact that the applicant has spend substantial pre-trial detention, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. 6. Let the applicant Suraj Kashyap be released on bail in the abovesaid first information report number on his furnishing personal bonds and two Versus Counsel for Applicant(s) : Ravindra Shukla Counsel for Opposite Party(s) : G.A. Suraj Kashyap .....Applicant(s) State Of U.P. Thru. Secy. Deptt. Of Home Lko .....Opposite Party(s) reliable sureties of Rs.20,000/- each to the satisfaction of the 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 he 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 9, 2025 akverma BAIL No. 5898 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench