MITHILESH v. STATE OF U.P. THRU. PRIN.SECY. DEPTT. OF HOME CIVIL SECTT. GOVT. OF U.P. LKO
BAIL/10524/2023 · 2025-11-04
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 178623 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 178623 (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. - 10524 of 2023 Court No. - 12 HON'BLE PANKAJ BHATIA, J.
1. Heard learned counsel for the applicant as well as learned AGA for the State. Whereas, no one has put in appearance on behalf of the informant despite notice. 2. The accused-applicant seeks bail in FIR/Case Crime No.12 of 2023 under Section 304 IPC, P.S.- Pasgava, District- Kheri. 3. In terms of the FIR, it was alleged that on account of a pity dispute with regard to the food to be given to the animals, alleged incident had taken place, wherein two accused had beaten the husband of the informant ,because of which, he sustained injures and subsequently died. It was stated that the said incident was seen by the informant, his mother-in-law, father-in-law and brother-in-law. The mother-in-law of the informant has died and the father-in-law and brother-in-law have not supported the prosecution story during trial. 4. Learned AGA has opposed the bail application. 5. Considering the facts and circumstances and the statements of father- in-law as well as brother-in-law of the informant coupled with the fact that the applicant is in custody since 13.01.2023 and has no previous criminal antecedent, I am of the view that the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant- Mithilesh be released on bail in aforesaid FIR/Case Crime Number subject to his furnishing a personal bond and two reliable sureties of Rs.20,000/- (Twenty Thousand) each of the like amount with the following conditions: Versus Counsel for Applicant(s) : Adarsh Kumar Maurya, Jagdeshwar Prasad Yadav, Mahmood Alam, Priyanka Gupta, Surendra Yadav Counsel for Opposite Party(s) : G.A. Mithilesh .....Applicant(s) State Of U.P. Thru. Prin.Secy. Deptt. Of Home Civil Sectt. Govt. Of U.P. Lko .....Opposite Party(s)
(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 4, 2025 V. Sinha BAIL No. 10524 of 2023 2 (Pankaj Bhatia,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench