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Allahabad High Court · body

2025 DAILYLAW 173538 (ALL)

AVDESH v. STATE OF U.P. THRU. SECY. HOME LKO.

/7229/2025 · 2025-11-27

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. - 7229 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.314 of 2024, under sections 103(2) BNS, P.S. Pasgawana, District Lakhimpur Kheri. 3. Learned counsel for the applicant argues that in terms of FIR it was alleged that the applicant was having a dispute with regard to custody of child and on the date of incident the applicant went to matrimonial home and with respect to taking his wife back a dispute occurred because of which the applicant allegedly hit uncle of informant with lathi danda etc and a knife injury was inflicted on his neck which resulted in his death. In the light of the said allegations learned counsel for the applicant draws my attention to the post mortem report which indicate presence of three injuries which are stitch wound in head and on right side of abdomen. Learned counsel for the applicant states that no recovery of any weapon was effected from the applicant. 4. Learned AGA has opposed the bail application. 5. Considering the allegations that the dispute occurred on account of petty dispute with respect to custody of child and wife and allegedly in a fit of anger coupled with the fact that the applicant has suffered pre trial detention of almost one and half years, however, without commenting upon the merits of the case, the applicant who is in jail since 27.6.2024 Versus Counsel for Applicant(s) : Dheeraj Srivastava Counsel for Opposite Party(s) : G.A. Avdesh .....Applicant(s) State Of U.P. Thru. Secy. Home Lko. .....Opposite Party(s) and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Avdesh be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.20,000/- 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. November 27, 2025 J. K. Dinkar BAIL No. 7229 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench