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2025 DAILYLAW 176677 (ALL)

SHIVBALAK v. STATE OF U.P THRU. PRIN. SECY. HOME CIVIL SECTT. LKO.

BAIL/10808/2025 · 2025-11-10

Pankaj Bhatia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10808 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record. 2. The applicant seeks enlargement on bail in FIR No.613 of 2024, under Section 108 of BNS, POlice Station Mohammadpur Khala, District Barabanki. 3. In terms of the FIR, it was alleged that the father of the informant on account of the harassment of the named accused person. In the suicide notice, it was alleged that on account of various harassment, the wife of the deceased had approached the police authorities, however, she was disrespected and nobody was help us, as such, he was committing suicide. The cause of death, as per the postmortem report, was ante mortem hanging. 4. Learned A.G.A. vehemently opposed the bail prayer. 5. Considering the postmortem report and there being nothing specific against the applicant to suggest abatement as defined under the BNS and following the law laid down in the case of Mariano Anto Bruno and another vs Inspector of Police; 2022 SCC OnLine SC 1387 and the fact that the applicant has no criminal antecedents and is languishing in jail since 06.10.2025, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. Versus Counsel for Applicant(s) : Vivek Chandra Counsel for Opposite Party(s) : G.A. Shivbalak .....Applicant(s) State Of U.P Thru. Prin. Secy. Home Civil Sectt. Lko. .....Opposite Party(s) 6. Let the applicant Shivbalak be released on bail in the abovesaid first information report number on her furnishing personal bonds and two reliable sureties of Rs.20,000/- each to the satisfaction of the 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 10, 2025 akverma BAIL No. 10808 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench