RAKESH TIWARI v. STATE OF U.P. THRU. SECY. DEPTT. HOME LKO.
BAIL/6179/2025 · 2025-11-03
Pankaj Bhatia
body2025
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[ 2025 DAILYLAW 180850 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 180850 (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. - 6179 of 2025
Court No. - 12 HON'BLE PANKAJ BHATIA, J.
1. Heard learned counsel for the applicant, learned AGA for the State; Shri Shivanshu Upadhyay, learned counsel for the informant and perused the record.
2. The applicant seeks enlargement on bail in FIR No.05 of 2025, under Section 103(1) BNS & Section 4/25 of Arms Act, P.S. Sammanpur, District Ambedkar Nagar.
3. In terms of the FIR it was alleged that informant was married to the applicant and matrimonial disputes were going on when the applicant came to the home of the informant on the night of 10/11.01.2025 and committed the murder of the mother of the informant i.e. mother-in-law of the applicant, and ran away. Postmortem report, on record, indicates presence of as many as 18 incised and stab wounds on the deceased which is also the cause of death. Informant is also an eyewitness to the incident.
4. In the light of the said, learned counsel for the applicant argues that recovery of the knife was shown from the pocket of the applicant. It is also argued that the informant is deposing against the applicant as matrimonial disputes are going on between them. The applicant has no criminal antecedents and is in custody since 11.01.2025.
5. Learned counsel for the informant argues that prior to commission of offence, the applicant had threatened through Whatsapp that he would Versus Counsel for Applicant(s) : Ravindra Shukla Counsel for Opposite Party(s) : G.A., Rakesh Kumar Upadhyaya, Shivanshu Upadhyay Rakesh Tiwari .....Applicant(s) State Of U.P. Thru. Secy. Deptt. Home Lko. .....Opposite Party(s)
commit the offence in question.
6. Considering the postmortem report which indicates presence of as many as 18 incised and stab wounds, clearly the same points out towards the gruesome offence committed at the instance of the applicant.
7. Considering the gruesome nature of the offence, no good ground for bail is made out.
8. Present bail application is accordingly rejected.
November 3, 2025 nishant BAIL No. 6179 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench