Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 167964 (ALL)

MOHIT TIWARI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/9446/2025 · 2025-10-07

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. - 9446 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 accused-applicant seeks bail in FIR/Case Crime No.114 of 2025 under sections 108, 351(2), 352 BNS, P.S. Husainganj, District Lucknow South Commissionerate Lucknow. 3. The FIR in question was lodged alleging that the daughter of the informant had committed suicide on account of the harassment meted out by the applicant who was staying in the neighbourhood. It was also stated that on 21.08.2025 at about 12:00 night, the applicant had called the daughter and also threatened her, because of which she committed suicide. The suicide note is on record, which does not implicate the applicant. 4. Considering the fact that the allegations levelled in the FIR and the suicide note, prima-facie the ingredients of of abetment for implication under section 108 of the BNS are prima-facie not made out, as such, the applicant who has no criminal history and is in custody since 25.08.2025 is entitled for the bail. Thus the bail application is allowed. 5. Let the applicant Mohit Tiwari be released on bail in aforesaid FIR/Case Crime Number subject to his furnishing a personal bond and two reliable Versus Counsel for Applicant(s) : Shivendra S Singh Rathore, Atul Sharma, Bhavesh Chandel, Sachin Upadhyay, Upendra Kumar Yadav Counsel for Opposite Party(s) : G.A., Alok Tripathi, Bajhul Quamar Siddiqui Mohit Tiwari .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) sureties of Rs.20,000/- (Twenty Thousand) each of the like amount 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 7, 2025 VNP/- BAIL No. 9446 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench