BUDHAI BAHELIA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
BAIL/10421/2025 · 2025-12-10
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 180125 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 180125 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10421 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. 220 of 2021, under sections 302, 328 IPC, P.S. Ishanagar, District Kheri. 3. Learned counsel for the applicant argues that in terms of FIR it was alleged that son in law of informant had gone to Punjab and subsequently came on 25.5.2021. It was also stated that he was habitual of intoxication and in night he administered some poison to daughter of the informant and two children which resulted in their death. It as also stated that the applicant was found in the state of intoxication and was unconscious. Cause of death as per viscera report is ante mortem poisoning. The applicant is in custody since 27.5.2021 and has no criminal history. 4. Learned AGA has opposed the bail application. 5. Considering the pre trial detention undergone by the applicant which is more than four and half years coupled with the fact that only three witness have been examined so far, however, without commenting upon the merits of the case, the applicant who is in jail since 27.5.2021 and has no criminal history is entitled to be enlarged on bail on the ground of substantial pre trial detention. In view thereof, the application is allowed. 6. Let the applicant Budhai Bahelia be released on bail in aforesaid FIR Versus Counsel for Applicant(s) : Dharm Trivedi, Soniya Mishra Counsel for Opposite Party(s) : G.A. Budhai Bahelia .....Applicant(s) State Of U.P. Thru. Prin. 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.
December 10, 2025 J. K. Dinkar BAIL No. 10421 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench