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2025 DAILYLAW 180120 (ALL)

LAVKUSH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/4249/2025 · 2025-11-13

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. - 4249 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record. 2. The applicant seeks enlargement on bail in FIR No.25 of 2025, under Section 108 of BNS, Police Station Naimisharnya, District Sitapur. 3. In terms of the FIR, it was alleged that the daughter of the informant around 8 months ago was enticed by the applicant and subsequently, she was threatened and hanged to death. The cause of death, as per the postmortem report, was ante mortem hanging. The applicant is being prosecuted for the offence under Section 108 of BNS. 4. Learned A.G.A. vehemently opposed the bail prayer. 5. Considering the FIR allegation and there being nothing specific against the applicant to suggest abetment as defined under the BNS and following the law laid down in the case of Mariano Anto Bruno and another vs Inspector of Police; 2022 SCC OnLine SC 1387 and the fact that the applicant has no criminal antecedents and is languishing in jail since 16.02.2025, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. 6. Let the applicant Lavkush be released on bail in the abovesaid first information report number on his furnishing personal bonds and two reliable sureties of Rs.20,000/- each to the satisfaction of the court Versus Counsel for Applicant(s) : Anurag Singh Counsel for Opposite Party(s) : G.A. Lavkush .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) 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 13, 2025 akverma BAIL No. 4249 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench