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2025 DAILYLAW 174626 (ALL)

BHOLA v. STATE OF U.P. THRU. PRIN. SECY. LKO.

BAIL/3757/2025 · 2025-10-30

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. - 3757 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA, Sri Arvind Kumar Mishra, learned counsel appearing for informant and perused the record. 2. The applicant seeks enlargement on bail in FIR No. 149 of 2024, under Section 105, B.N.S., P.S. Kotwali Haidarganj, District Ayodhya. 3. Learned counsel for the applicant argues that in terms of the FIR it was alleged that, on account of electricity being run in the fence put up by the applicant, the father of the informant came in contact with the wire and suffered death. Learned counsel for the applicant further argues that mens rea for an implication under Section 105, B.N.S. is apparently missing. 4. Learned AGA has opposed the bail application. 5. Considering the nature of the allegations leveled and the absence of any mens rea on the part of the applicant, the applicant, who has been in custody since March 4, 2025, and has no criminal history, without commenting on merits of the case, is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Bhola 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 Versus Counsel for Applicant(s) : Anand Dubey, Martand Pratap Singh Counsel for Opposite Party(s) : G.A., Arvind Kumar Mishra Bhola .....Applicant(s) State Of U.P. Thru. Prin. Secy. Lko. .....Opposite Party(s) 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 30, 2025 A.Nigam BAIL No. 3757 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench