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2025 DAILYLAW 177596 (ALL)

BHAIRVI @ BHAIRMI AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/11658/2025 · 2025-12-03

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. - 11658 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicants, learned AGA and perused the record. 2. The accused-applicants seek bail in FIR/Case Crime No.267 of 2025 under section 108 BNS, P.S. Mankapur, District Gonda. 3. In terms of the FIR, it was alleged that the brother of the informant had died on account of some poison. It is stated that in his mobile phone, a video was recovered in which he has alleged that he had committed suicide because of the mental harassment of the accused and the persons named. The cause of death, as per the postmortem report could not be ascertained, hence viscera was preserved. The applicants are being prosecuted for the offence under section 108 BNS. 4. Considering the FIR version and the allegations in the video, prima-facie, abetment as defined under the BNS at the instance of the applicant is not made out, thus considering the law as explained in the case of Mariano Anto Bruno and another vs. Inspector of Police; 2022 SCC Online SC 1387, the applicants who are in custody since 21.06.2025 are entitled for the bail. Thus the bail application is allowed. 5. Let the applicants Bhairvi @ Bhairmi, Dularpati, Seema be released on bail in aforesaid FIR/Case Crime Number subject to their furnishing a personal bond and two reliable sureties of Rs.20,000/- (Twenty Thousand) to Versus Counsel for Applicant(s) : Naveen Kumar Pandey Counsel for Opposite Party(s) : G.A. Bhairvi @ Bhairmi And 2 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) the satisfaction of the court concerned with the following conditions: (a) The applicants shall execute a bond to undertake to attend the hearings; (b) The applicants shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (c) The applicants 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 3, 2025 VNP/- BAIL No. 11658 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench