BANSHI NISHAD v. STATE OF U.P. THRU. PRIN. SECY. / ADDL. CHIEF SECY. DEPTT. OF HOME LKO
BAIL/12418/2025 · 2025-12-11
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 174575 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 174575 (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. - 12418 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J.
1. Heard learned counsel for the applicant as well as learned A.G.A. and and Sri Vivek Kumar Pandey, who has filed Vakalatnama on behalf of informant and perused the record. The Vakalatnama is taken on record. 2. The applicant seeks enlargement on bail in FIR No.156 of 2025, under Sections 108, 85 of BNS and Section 3/4 of POCSO Act, Police Station Tarabganj, District Gonda. 3. In terms of the FIR, allegations were levelled that the sister of the informant was married to the applicant in the year 2019. Subsequently, the entire matrimonial family used to harass for dowry and had killed her and hanged her to death. The cause of death as per the postmortem report is due to anti mortem hanging and apart from ligature mark, contusion injuries were observed, which according to the applicant arose at the time of lowering the body. 4. Learned A.G.A. vehemently opposed the bail prayer. 5. Considering the postmortem report and there being nothing specific against the applicant to suggest abetment as defined under the BNS and following the law laid down in the case of Mariano Anto Bruno and another vs Inspector of Police; 2022 SCC OnLine SC 1387, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. Versus Counsel for Applicant(s) : Anuj Kumar Singh Counsel for Opposite Party(s) : G.A. Banshi Nishad .....Applicant(s) State Of U.P. Thru. Prin. Secy. / Addl. Chief Secy. Deptt. Of Home Lko .....Opposite Party(s)
6. Let the applicant Banshi Nishad be released on bail in the abovesaid first information report number on his 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 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 11, 2025 akverma BAIL No. 12418 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench