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Allahabad High Court · body

2025 DAILYLAW 178919 (ALL)

PALAK SHARMA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/10608/2025 · 2025-10-31

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. - 10608 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. The accused-applicant seeks bail in FIR/Case Crime No.0224 of 2025 under sections 108, 115(2), 351(2) & 352 BNS, P.S. Madiyaon, District Lucknow. 3. In terms of the FIR it was alleged that the son of the informant had left home and subsequently his body was found. It was alleged that the son of the informant was married to the applicant and on account of the dispute and suspicion that she was having illicit relations, the son was killed by the applicant. The cause of death, as per the postmortem report, is ante- mortem drowning. The applicant is being prosecuted for an offence under section 108 BNS. 4. Considering the nature of the allegations, prima-facie, the abetment at the instance of the applicant for an offence under section 108 BNS is apparently missing, 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 applicant who is a lady and in custody since 22.04.2025 with no criminal history is entitled for the bail. Thus the bail application is allowed. 5. Let the applicant Palak Sharma be released on bail in aforesaid Versus Counsel for Applicant(s) : Dr. Surendra Kumar Misra, Avnish Kumar Tiwari Counsel for Opposite Party(s) : G.A. Palak Sharma .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) FIR/Case Crime Number subject to her furnishing a personal bond and two reliable sureties of Rs.20,000/- (Twenty Thousand) each of the like amount 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 she 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. October 31, 2025 VNP/- BAIL No. 10608 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench