ABDUL KALAM v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME U.P. LKO.
/9168/2025 · 2025-12-04
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 177586 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 177586 (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. - 9168 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J.
1. Heard learned counsel for the applicant, learned AGA for the State, Shri Sachin Srivastava, learned counsel for the informant and perused the record. 2. The applicant seeks enlargement on bail in FIR No.97 of 2024, under sections 103(1), 61(2)(a) BNS, P.S. Naveen Modern, District Shrawasti. 3. Learned counsel for the applicant argues that in terms of FIR it was alleged that on 12.7.2024 the mother in law of the informant had gone out of her home and when she did not return apprehension was expressed that on account of old enmity two accused indicated in the FIR had killed her. Cause of death as per post mortem report is ante mortem injuries. The hyoid bone was found to be intact and two ligature marks were noticed on neck and below left ear. No other injury was noticed. The applicant was linked alongwith co accused based upon apprehension expressed in FIR and statement of one Golu who had seen the applicant running from the scene where her body was found. The co accused Akleema was enlarged on bail on 4.2.2025 and the testimony of Golu has been recorded during trial in which he reiterated the version. 4. Learned AGA and learned counsel for the informant have opposed the bail application. 5. Considering that the applicant has been linked with the offence based Versus Counsel for Applicant(s) : Arvind Kumar Tiwari Counsel for Opposite Party(s) : G.A., Sachin Srivastava, Shashank Srivastava Abdul Kalam .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home U.P. Lko. .....Opposite Party(s)
upon apprehension and testimony of last seen witness Golu and considering the fact that no recovery was affected from the applicant, the cause of death appears to be debatable and the fact that there is no eye witness of the incident, however, without commenting upon the merits of the case, the applicant who is in jail since 16.7.2024 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. 6.
Let the applicant Abdul Kalam 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. December 4, 2025 J. K. Dinkar BAIL No. 9168 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench