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2025 DAILYLAW 173376 (ALL)

SMT. MUDITA RASTOGI @ KUKKI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/9288/2025 · 2025-10-31

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9288 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.174 of 2024 under section 108 BNS, P.S. Chowk, District Lucknow. 3. In terms of the FIR, it was alleged that the brother of the informant, aged about 48 years, had taken a lot of loans, because of which he was unhappy. It was stated that the matrimonial family of the brother were not giving their shares to the brother, as such, he was heavily indebted, and because of which, he committed suicide along with his entire family. The cause of death could not be ascertained, and viscera is preserved. As against the applicant, they belong to the matrimonial family of the deceased. No allegations have been levelled against them except that they were not settling or partitioning the property. 4. In view of the said allegation, prima facie the abetment as defined under the BNS is apparently missing. Thus, considering the law as explained in the cases of Mariano Anto Bruno and another vs. Inspector of Police; 2022 SCC Online SC 1387, the applicant, who has been in custody since July 2nd, 2025, and is a lady with no criminal history, is entitled to bail. Thus the bail application is allowed. 5. Let the applicant Smt. Mudita Rastogi @ Kukki be released on bail in aforesaid FIR/Case Crime Number subject to her furnishing a personal bond Versus Counsel for Applicant(s) : Arun Sinha, Ram Chandra Singh Counsel for Opposite Party(s) : G.A. Smt. Mudita Rastogi @ Kukki .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) and two reliable 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 31, 2025 VNP/- BAIL No. 9288 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench