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2025 DAILYLAW 178890 (ALL)

MAHASINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.

BAIL/4237/2025 · 2025-12-03

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 4237 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard Ms Afrin Bano and Ms Deepansi, learned counsel for the applicant, learned AGA and perused the record. 2. The applicant seeks enlargement on bail in FIR No. 309 of 2024, under sections 103(1), P.S. Baghauli, District Hardoi. 3. Learned counsel for the applicant argues that in terms of FIR it was alleged that son of informant aged about 24 years was sitting with some boys and was using mobile phone when the applicant came with banka and hit him which resulted in substantial injuries and subsequent death and thereafter the applicant ran away. Cause of death as per post mortem report is abrasion on right side on neck and contusion injury on back of deceased at C-5 and C-6. In the light of the said allegations learned counsel for the applicant submits that all the boys used to sit on front of home of the applicant and misbehave with wife and on account of provocation and anger the applicant allegedly hit the deceased which resulted in in his death. Statement of the eye witness support the prosecution story. 4. Learned AGA has opposed the bail application. 5. Considering the fact that the premeditated intent is not evident from statements and the FIR allegations, however, without commenting upon the merits of the case, the applicant who is in jail since 5.9.2024 and has Versus Counsel for Applicant(s) : Afrin Bano, Deepansi, Mangal Sen Yadav Counsel for Opposite Party(s) : G.A. Mahasingh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Mahasingh be released on bail in aforesaid FIR number on his furnishing a personal bond with one surety of Rs.10,000/- 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 3, 2025 J. K. Dinkar BAIL No. 4237 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench