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2025 DAILYLAW 174945 (ALL)

SUDHIR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/11231/2024 · 2025-11-18

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11231 of 2024 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.245 of 2024, under Section 105, 115(2), 351(1), 352 BNS, P.S. Behta Gokul, District Hardoi. 3. In terms of the FIR it was alleged that on 29.07.2024 when the cousin brother of the informant was resting under a tree, the applicant who was in a state of intoxication started hurling abuses which was opposed because of which the applicant hit him which caused injuries. Cause of death, as per the postmortem report, is septicemia on account of spinal injury sustained by the deceased. 4. Learned AGA has opposed the bail application. 5. Considering the fact that the applicant was admittedly in the state of intoxication and the mens rea being apparently missing, the applicant who has no criminal antecedents and is in custody since 06.08.2024 is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Sudhir 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; Versus Counsel for Applicant(s) : Samrat Gupta Counsel for Opposite Party(s) : G.A. Sudhir .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) (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 18, 2025 nishant BAIL No. 11231 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench