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2025 DAILYLAW 179661 (ALL)

PRADEEP KUMAR YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/11779/2025 · 2025-12-05

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. - 11779 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 applicant seeks enlargement on bail in FIR No. 199 of 2025, under sections 108 BNS, P.S. Sadarpur, District Sitapur. 3. Learned counsel for the applicant argues that in terms of FIR it was alleged that cousin of informant had enticed away daughter of accused on 22.8.2025 because of which brother in law was killed and hanged on a tree. Post mortem report on record indicate the cause of death as ante mortem hanging. The applicant are the persons whose sister was enticed by the deceased and are being prosecuted for offence under Section 306. Considering the post mortem report prima facie there is no material to allege abetment at the instance of the applicant as defined in the BNS. 4. Learned AGA has opposed the bail application. 5. Considering the facts and circumstances and considering the law laid down by Hon'ble Supreme Court in the case of Mariano Anto Bruno and Anr vs Inspector of Police, 2022 SCC Online SC 1387, however, without commenting upon the merits of the case, the applicant who is in jail since 21.9.2025 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Pradeep Kumar Yadav be released on bail in Versus Counsel for Applicant(s) : Shyamendra Singh, Praveen Yadav, Tej Singh Counsel for Opposite Party(s) : G.A. Pradeep Kumar Yadav .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.20,000/- each 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 5, 2025 J. K. Dinkar BAIL No. 11779 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench