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2025 DAILYLAW 177769 (ALL)

AWADHESH KUMAR @ PINTU v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/4505/2025 · 2025-11-13

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. - 4505 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard Sri Ashutosh Kumar, 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.152 of 2025, under Section 105 of BNS, Police Station Kotwali Akhbarpur, District Ambedkar Nagar. 3. In terms of the FIR, it was alleged that on 09.03.2025, the brother of the informant was driving the tractor trolley, which was loaded with sugarcane when the e-rickshaw of the applicant was touched and because of which, a dispute occurred. Subsequently, the applicant and other accused persons chased the brother of the informant and beaten badly, which resulted into his death. It was alleged that he was killed by smothering. As per the postmortem report, the cause of death could not be ascertained and the viscera was preserved. Apart from abraded contusion on the neck, no other injury was observed. 4. Learned A.G.A. vehemently opposed the bail prayer. 5. Considering the postmortem report and the fact the applicant has no criminal antecedents and is languishing in jail since 12.03.2025, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. 6. Let the applicant Awadhesh Kumar @ Pintu be released on bail in the Versus Counsel for Applicant(s) : Prateek Yadav, Ashutosh Kumar Counsel for Opposite Party(s) : G.A., Arpan Prakash Srivastava Awadhesh Kumar @ Pintu .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) abovesaid first information report number on his furnishing personal bonds and two reliable sureties of the like amount 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 13, 2025 akverma BAIL No. 4505 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench