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2025 DAILYLAW 176567 (ALL)

RINKU KUMAR @ SHASHANK KUMAR GAUTAM v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO.

BAIL/4861/2025 · 2025-11-03

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 4861 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Supplementary affidavit filed by learned counsel for the applicant is taken on record. 2. Heard learned counsel for the applicant as well as learned AGA for the State. Whereas, no one has put in appearance on behalf of the informant. 3. The accused-applicant seeks bail in FIR/Case Crime No.26 of 2025 under Sections 115(2), 352/3(5), 105, 118(1) BNS, P.S.- Ashiyana, District- Lucknow. 4. In terms of the FIR, It was alleged that on account of wrong parking of a vehicle, a dispute had taken place. In the subsequent statement, specific role of hitting with a brick was assigned to the co-accused Kallu. Cause of death as per the postmortem report is ante mortem injury on head. 5. Learned AGA has opposed the bail application. 6. Considering the facts and circumstances and the specific allegation of hitting on the head being assigned to the co-accused Kallu and not to the applicant coupled with the fact that mens rea is missing and the applicant is in custody since 08.02.2025 and has no previous criminal antecedent, I am of the view that the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed. Versus Counsel for Applicant(s) : Vineet Kumar Chaurasia Counsel for Opposite Party(s) : G.A. Rinku Kumar @ Shashank Kumar Gautam .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. .....Opposite Party(s) 7. Let the applicant- Rinku Kumar @ Shashank Kumar Gautam be released on bail in aforesaid FIR/Case Crime Number subject to her furnishing a personal bond and two reliable sureties of Rs.20,000/- (Twenty Thousand) each of the like amount 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 V. Sinha BAIL No. 4861 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench