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2025 DAILYLAW 173226 (ALL)

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

/3843/2025 · 2025-12-04

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. - 3843 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.396 of 2024, under Section 103(1) BNS, P.S. Mallawan, District Hardoi. 3. In terms of the FIR allegations were levelled that son of the informant aged about 25 years had gone alongwith sister-in-law Astha on a cycle and subsequently, information was received that the body of the son was found. An apprehension was expressed that daughter-in-law of the informant had committed the offence. Subsequently, the applicant was linked with the offence based upon his confessional statement wherein he confessed that he had become close to the daughter-in-law of the informant and when they were caught in a compromising position, the applicant alongwith the co- accused Astha committed the offence. Cause of death is incised wound on the right side of the neck and a contusion on the right side of the neck. No recovery of knife was done from the applicant. Even in terms of the statement and confession wherein the applicant had agreed that the offence was committed by throttling, the same is not corroborated by the postmortem injuries. 4. Learned AGA has opposed the bail application. 5. Considering the fact that the material to link the applicant with the offence Versus Counsel for Applicant(s) : Mohd. Imran Khan, Mukhtar Ahmad Khan Counsel for Opposite Party(s) : G.A. Arjun .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. .....Opposite Party(s) is a confessional statement which has no evidentiary value and there is no recovery from the applicant, the applicant who has no criminal antecedents and is in custody since 11.09.2024 is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Arjun be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of the 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 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. December 4, 2025 nishant BAIL No. 3843 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench