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2025 DAILYLAW 175980 (ALL)

MOHD. ASIF v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

/10784/2024 · 2025-11-28

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10784 of 2024 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA for the State, Shri Sudhir Kumar Rai, learned counsel for the informant and perused the record. 2. The applicant seeks enlargement on bail in FIR No. 165 of 2024, under sections 103(1), 127 BNS, P.S. Purva, District Unnao. 3. Learned counsel for the applicant argues that in terms of FIR it was alleged that daughter of informant was married to applicant. It was stated that the applicant was habitual of intoxication. It was also stated that they had two children. On 4.7.2024 daughter of the informant was done to death by the applicant. The statement of daughter is on record wherein she stated that she has seen the applicant throttling her to death. Cause of death as per post mortem report is ante mortem strangulation. The submission of learned counsel for the applicant is that the applicant was at Mumbai on the date of alleged incident and wife and children were living separately for the last two years. He thus argues that testimony of a 7 years old child is not worth belief. The applicant is in custody since 19.7.2024 and even charges have not been framed so far. 4. Learned AGA has opposed the bail application. 5. Considering the pre trial detention of the applicant and that fact that even charges have not been framed, however, without commenting upon Versus Counsel for Applicant(s) : Sagar Singh, Naveen Awasthi, Shri Ram Maurya Counsel for Opposite Party(s) : G.A., Sudhir Kumar Rai Mohd. Asif .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) the merits of the case, the applicant who is in jail since 19.7.2024 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Mohd Asif 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 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 28, 2025 J. K. Dinkar BAIL No. 10784 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench