Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11891 of 2024
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.184 of 2024, under Section 105 BNS, P.S. Singahi, District Lakhimpur Kheri. 3. In terms of the FIR it was alleged that daughter of the informant was married to the applicant 10 years ago and on 26.08.2024 when the applicant had come home from Delhi, a dispute occurred because of which he hit her with Lathi, Danda which resulted in substantial injuries and subsequent death. 4. In the light of the said allegation, learned counsel for the applicant argues that FIR in question was lodged after about three days of the alleged incident whereas earlier no such allegations were levelled. He further argues that the applicant is in custody since 31.08.2024 and has no criminal antecedents and no witness has been examined so far. Postmortem report, on records, indicates presence of as many as 11 injuries and the cause of death is antemortem injuries. 5. Learned AGA has opposed the bail application. 6. Considering the fact that the applicant as per the FIR had allegedly caused the injury on account of a dispute in between husband and wife, the presence of mens rea is apparently missing coupled with the fact that the applicant has Versus Counsel for Applicant(s) : Ram Asarey Verma, Rahul Agnihotri Counsel for Opposite Party(s) : G.A. Guddu .....Applicant(s) State Of Up. Thru. Secy. Home Lko .....Opposite Party(s)
no criminal antecedents in custody since 31.08.2024 and the trial has not even started, the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed. 7.
Let the applicant Guddu 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 6, 2025 nishant BAIL No. 11891 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench