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2025 DAILYLAW 179988 (ALL)

MEHRUDDIN v. STATE OF U.P. THRU. SECY. HOME LKO.

BAIL/10221/2025 · 2025-11-12

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. - 10221 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA for the State, Shri Amit Kumar, learned counsel for the complainant and perused the record. 2. The applicant seeks enlargement on bail in FIR No. 355 of 2025, under sections 103(1) BNS, P.S. Padua, District Kheri. 3. Learned counsel for the applicant argues that in terms of FIR it was alleged that son of the informant aged about 7 years was coming home and the applicant who was driving motorcycle negligently and rashly hit him which resulted in his death. The FIR in question was initially lodged under Section 106(1) BNS. Subsequently on the basis of statement that the applicant after accidentally hitting the deceased subsequently came back and hit the motorcycle again, the applicant is being prosecuted under Section 103(1) BNS. 4. Learned AGA and learned counsel for the complainant have opposed the bail application. 5. Considering the intent and mens rea are prima facie missing, however, without commenting upon the merits of the case, the applicant who is in jail since 9.7.2025 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Mehruddin be released on bail in aforesaid FIR Versus Counsel for Applicant(s) : Rizwanul Haque Ansari, Santi Counsel for Opposite Party(s) : G.A. Mehruddin .....Applicant(s) State Of U.P. Thru. Secy. Home Lko. .....Opposite Party(s) 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. November 12, 2025 J. K. Dinkar BAIL No. 10221 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench