SARVAR JAHA AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO
BAIL/10600/2025 · 2025-10-31
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 174868 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 174868 (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. - 10600 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J.
1. Heard learned counsel for the applicants as well as learned AGA for the State. 2. The accused-applicants seeks bail in FIR/Case Crime No.252 of 2025 under Sections 108, 87, 142 BNS, P.S.- Kudwar, District- Sultanpur. 3. In terms of the FIR, it was alleged that the daughter of the informant aged about 18 years had gone out of home and went missing. Subsequently, she was found hanging from a tree. No one was named in the FIR. Subsequently, on the basis of information received from the informant (Mukhbir), applicants were alleged in the crime in question. There is no eye witness of the alleged incident. The cause of death as per the post-mortem report is ante-mortem hanging. 4. Learned AGA has opposed the bail application. 5. Considering the facts and circumstances and the post-mortem report, and the allegations levelled against the applicants, prima facie, do not suggest the abetment as defined in Bhartiya Nyay Sanhita as well as the law as explained in the case of Mariano Anto Bruno and Anr. Vs. Inspector of Police reported in 2022 SCC OnLine SC 1387 coupled with the fact that the applicants are in jail since 16.09.025 and have no previous criminal antecedent, I am of the view that the applicants are entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicants- Srarvar Jaha and Sageer Ahmad be released on bail in aforesaid FIR/Case Crime Number subject to their furnishing separate personal bonds as well as two reliable sureties of Rs.20,000/- (Twenty Thousand) each of the like amount with the following conditions: Versus Counsel for Applicant(s) : Sukh Deo Singh Counsel for Opposite Party(s) : G.A. Sarvar Jaha And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy.
Home Lko .....Opposite Party(s)
(a) The applicants shall execute a bond to undertake to attend the hearings; (b) The applicants shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (c) The applicants 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence. October 31, 2025 V. Sinha BAIL No. 10600 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench