DINESH SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME GOVT. OF U.P. LKO.
BAIL/2945/2025 · 2025-10-31
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 174109 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 174109 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 2945 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J.
1. Heard learned counsel for the applicant as well as learned AGA for the State. However, no one has put in appearance on behalf of the informant.
2. The accused-applicant seeks bail in FIR/Case Crime No.445 of 2023 under Sections 304 IPC, P.S.- Inayat Nagar, District- Ayodhya.
3. In terms of the FIR, it was alleged that two children of the informant, one being habitual of intoxication i.e. applicant, was also intoxicated on the date of incident, had hit his own brother, which resulted in his death. The cause of death as per the post-mortem report, was hypolumic shock due to nte mortem injuries. Subsequently, the informant has become hostile and has not supported the prosecution story.
4. Learned AGA has opposed the bail application.
5. Considering the facts that the alleged incident had taken place in the state of intoxication and prima face, in the absence of mens rea coupled with the fact that the applicant is in custody since 04.10.2023 and has no previous criminal antecedent, I am of the view that the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed.
6. Let the applicant- Dinesh Singh be released on bail in aforesaid FIR/Case Crime Number subject to her furnishing a personal bond and two reliable sureties of Rs.20,000/- (Twenty Thousand) each of the like Versus Counsel for Applicant(s) : Anand Dubey, Deepak Yadav Counsel for Opposite Party(s) : G.A. Dinesh Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Govt. Of U.P. Lko. .....Opposite Party(s)
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 V. Sinha BAIL No. 2945 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench