NADIYA KHATOON v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.
BAIL/6904/2025 · 2025-10-08
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 153892 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 153892 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 6904 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J.
1. Heard learned counsel for the applicant, learned AGA and perused the record.
2. The applicant seeks enlargement on bail in FIR No. 120 of 2024, under Sections 302 IPC, P.S. Utraula, District Balrampur.
3. It is argued by learned counsel for the applicant that in terms of the FIR it was alleged that the applicant is mentally unstable women who has killed her own daughter by use of knife. Learned counsel for the applicant draws my attention to the medical report which suggest that the applicant is suffering from psychiatric illness.
4. Learned counsel for the applicant also draws my attention to general exceptions in the BNS to highlight that the applicant is entitled for the benefit of general exceptions on the ground of insanity.
5. Learned AGA has opposed the bail application.
6. Considering the facts and circumstances and as the applicant is a lady suffering from mental illness and has no criminal history and is in custody since 30.7.2024, however, without commenting upon the merits of the case, the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed.
7. Let the applicant Nadiya Khatoon be released on bail in aforesaid FIR Versus Counsel for Applicant(s) : Ram Pheran Dwivedi, Subhash Kumar Verma Counsel for Opposite Party(s) : G.A. Nadiya Khatoon .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s)
number on his furnishing a personal bond with two sureties of like amount each 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 8, 2025 J. K. Dinkar BAIL No. 6904 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench