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2025 DAILYLAW 175538 (ALL)

ASHARAM AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

/1278/2025 · 2025-11-19

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1278 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicants; learned AGA for the State and perused the records. 2. The present application has been filed seeking anticipatory bail apprehending arrest in FIR No.449 of 2017, under Section 498A, 304B IPC & Section 3/4 of D.P. Act, Police Station Kotwali Akbarpur, District Ambedkar Nagar. 3. Learned counsel for the applicant argues that brother-in-law of the deceased was granted anticipatory bail on 28.10.2025. The applicants herein are also brother-in-law. 4. Learned AGA opposes the bail application. 5. Considering the nature of the allegations to be similar and adopting the same reasoning, the applicants are also entitled to be enlarged on anticipatory bail. The present application for anticipatory bail is accordingly allowed. 6. In the event of arrest, let the applicants Asharam and Subhash be released on anticipatory bail in aforesaid FIR number till conclusion of trial on their furnishing a personal bond each with two sureties of Rs.30,000/- each to the satisfaction of Court below concerned with the following conditions: Versus Counsel for Applicant(s) : Santosh Kumar Srivastava, Himanshu Singh Counsel for Opposite Party(s) : G.A. Asharam And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....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 they are 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (d) The applicants shall not leave India without the previous permission of the Court. November 19, 2025 nishant ABAIL No. 1278 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench