AKHILESH PATHAK v. STATE OF U.P. THRU. PRINCIPAL SECY. HOME LKO
BAIL/3200/2025 · 2025-11-03
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 176280 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 176280 (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. - 3200 of 2025 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.0045 of 2025, under Sections 105, 125, 324(4) of BNS, 2023, P.S. Ahirauli, District Ambedkar Nagar.
3. In terms of the FIR, it was alleged that on 16.02.2025, it was seen that four vehicles hit the brother of the informant, which resulted in substantial injuries. In light of the said, learned counsel for the applicant argues that prima facie an offence under Section 106 BNS can be said to be made out. However, applicant is being prosecuted for the offence under Section 105 BNS which is apparently not made out.
4. Learned A.G.A. and learned counsel for the informant have strongly opposed the bail application.
5. Considering the allegation in the FIR, prima facie, implication for an offence under Section 105 BNS is apparently missing, as such the applicant is in custody since 17.02.2025 and has no criminal antecedent. This Court is of the view that the applicant is entitled to be released on bail. The application is allowed.
6. Let the applicant Akhilesh Pathak be released on bail in aforesaid FIR Versus Counsel for Applicant(s) : Shailender Singh, Faizal Hashmi, Raj Kumar Singh, Varun Kumar Mishra Counsel for Opposite Party(s) : G.A. Akhilesh Pathak .....Applicant(s) State Of U.P. Thru. Principal Secy. Home Lko .....Opposite Party(s)
number on her 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 3, 2025 Renu/- BAIL No. 3200 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench