ABU USMAN v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. U.P. LKO.
/1256/2025 · 2025-11-20
body2025
DailyLaw.ai
[ 2025 DAILYLAW 178273 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 178273 (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. - 1256 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.127 of 2024, under Section 103(1), 238 of BNS, Police Station Madeyganj, District Lucknow. 3. In terms of the FIR, it was alleged that the brother of the informant was running a bakery and was staying in a rental accommodation. An information was received from the co-worker of the brother of the informant that the applicant had beaten the brother of the informant and thereafter the mobile was switch off and the body was recovered near a river. An apprehension was expressed that the applicant has committed the offence in question. The postmortem report indicates the presence of as many as 13 injuries on the body of the deceased. 4. In the light of the aforesaid, it is argued by the Counsel for the applicant that there are no eyewitness of the incident and solely based upon the apprehension, the applicant was linked with the offence in question. He further argues that the confessional statement of the applicant was got recorded and the recovery of the weapon was shown at the instance and pointing out of the applicant, which was not even in the presence of the independent witnesses. Versus Counsel for Applicant(s) : Vishwa Nath Singh, Shiv Kumar Yadav Counsel for Opposite Party(s) :
Abu Usman .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. .....Opposite Party(s)
5. Learned A.G.A. vehemently opposed the bail prayer. 6. Considering the nature of the evidence to link the applicant to the offence in question is, prima facie, weak and the fact that the applicant has no criminal antecedents and is languishing in jail since 05.09.2024, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. 7.
Let the applicant Abu Usman be released on bail in the 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 20, 2025 akverma BAIL No. 1256 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