LIYAQAT ALI v. STATE OF U.P. THRU. PRIN. SECY. (HOME) LKO.
BAIL/8763/2025 · 2025-10-30
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 176037 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 176037 (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. - 8763 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. (I. A. No. 3 of 2025) Heard. The application has been filed for grant of short term bail on account of marriage of daughter of the applicant. However, I have considered the main matter itself, as such the application is dismissed as having become infructuous. Order on the main bail application
1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. The applicant seeks enlargement on bail in FIR No. 394 of 2025, under Sections 3(5), 103(1), 352 BNS, P.S. Fatehpur, District Barabanki. 3. Learned counsel for the applicant argues that the FIR in question was lodged alleging that on 26.5.2025 at about 6 to 7 PM on account of husk being spread because of wind a dispute occurred because of which on 27.5.2025 the applicant came and hit the son of informant with lathi, danda which resulted in substantial injuries and subsequent death. It was stated that four unknown persons had also caused offence. After investigation chargesheet was filed against the applicant alone. My attention is drawn to the statement of the informant wherein she has stated that dispute has occurred on account of spreading of grain for drying. The Versus Counsel for Applicant(s) : Mohd. Islam Khan, Farhan Alam Osmany Counsel for Opposite Party(s) : G.A. Liyaqat Ali .....Applicant(s) State Of U.P. Thru. Prin. Secy. (Home) Lko. .....Opposite Party(s)
post mortem report indicate the cause of death as ante mortem head injuries. 4. Learned AGA has opposed the bail application. 5. Considering the fact that the cause of dispute was on account of a petty issue and the evident absence of mens rea, however, without commenting upon the merits of the case, the applicant who is in jail since 29.5.2025 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. 6.
Let the applicant Liyaqat Ali 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. October 30, 2025 J. K. Dinkar BAIL No. 8763 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench