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2025 DAILYLAW 180623 (ALL)

CHHOTELAL v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. HOME LKO.

BAIL/11014/2025 · 2025-11-14

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. - 11014 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. 527 of 2022, under sections 108, 3(5) BNS, P.S. Kotwali Ayodhya, District Ayodhya. 3. Learned counsel for the applicant argues that in terms of FIR it was alleged that brother of informant was taken by accused named in the FIR on 22.11.2022 and thereafter his phone was switched off. It was stated that all the four persons had committed murder of brother of informant. Post mortem report on record indicate the cause of death as ante mortem hanging. The applicant is main accused for the offence under Section 306. 4. Learned AGA has opposed the bail application. 5. Considering the post mortem report and there being no specific allegations against the applicant of having abeted the offence as defined in BNS as well as 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 138, however, without commenting upon the merits of the case, the applicant who is in jail since 27.11.2022 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Chhotelal be released on bail in aforesaid FIR Versus Counsel for Applicant(s) : Arvind Kumar Mishra Counsel for Opposite Party(s) : G.A. Chhotelal .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. 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 14, 2025 J. K. Dinkar BAIL No. 11014 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench