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2025 DAILYLAW 172699 (ALL)

BHAIYALAL v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. U.P.

BAIL/8406/2025 · 2025-12-03

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8406 of 2025 Along with : 1. Criminal Misc. Bail Application No. 9021 of 2025: Man Singh Versus State of U.P. Thru. Prin. Secy. Home Deptt. Sectt. Lko. 2. Criminal Misc. Bail Application No. 11183 of 2025: Arvind Singh Versus State of U.P. Thru. Prin. Secy. Home Deptt. Lko. 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.311 of 2025, under Sections 352, 105, 3(5) of BNS, Police Station Shahabad, District Hardoi. 3. In terms of the FIR, the allegations were levelled that on 15.05.2025 at about 8:00 PM, the uncle of the informant along with three accused were consuming liquor and an altercation ensued in between them, because of which, the uncle was beaten by Lathi-Danda, which resulted into substantial injury and death. The cause of death, as per the postmortem report, is ante mortem head injury. In the postmortem report, one lacerated wound on the top of the head, two multiple abrasion on the shoulder were observed. Versus Counsel for Applicant(s) : Arjun Kumar Kaushal Counsel for Opposite Party(s) : G.A. Bhaiyalal .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. U.P. .....Opposite Party(s) 4. Learned A.G.A. vehemently opposed the bail prayer. 5. Considering the nature of the allegations and the fact that all the accused were in the state of intoxication and apparently, the criminal intent is missing coupled with the fact that the applicant, namely, Bhaiyalal, is in custody since 17.06.2025 and the applicants, namely, Arvind Singh and Man Singh are in custody since 21.05.2025 and have no criminal antecedents, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail applications are allowed. 6. Accordingly, the bail applications are allowed. 6. Let the applicants, namely, Bhaiyalal, Arvind Singh and Man Singh be released on bail in the abovesaid first information report number on their furnishing personal bonds and two reliable sureties of Rs.20,000/- each to the satisfaction of the court concerned with the following conditions: (a) The applicants shall execute a bond to undertake to attend the hearings; (b) The applicants shall not commit any offence similar to the offence of which they are accused or suspected of the commission; and (c) The applicants 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. December 3, 2025 akverma BAIL No. 8406 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench