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Allahabad High Court · body

2025 DAILYLAW 179967 (ALL)

MOHIT v. STATE OF U.P. THRU. SECY. DEPTT. OF HOME LKO.

/12516/2025 · 2025-12-12

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. - 12516 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.179 of 2025, under Section 108 BNS, P.S. Umribegamganj, District Gonda. 3. In terms of the FIR it was alleged that brother of the informant had gone alongwith the applicant. It was also stated that certain old ornaments were kept mortgaged and on account of the harassment faced at the instance of the applicant, he committed suicide. Cause of death, as per the postmortem report, is antemortem hanging. 4. Learned AGA has opposed the bail application. 5. Considering the averments and the postmortem report, prima-facie, abetment at the instance of the applicant as defined under the BNS is not made out. As such, considering the law as explained in the case of Mariano Anto Bruno and Anr. v. Inspector of Police; 2022 SCC OnLine SC 1387 , the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Mohit be released on bail in 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: Versus Counsel for Applicant(s) : Dilip Kumar Chaudhary Counsel for Opposite Party(s) : G.A. Mohit .....Applicant(s) State Of U.P. Thru. Secy. Deptt. Of Home 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. December 12, 2025 nishant BAIL No. 12516 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench