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2025 DAILYLAW 181300 (ALL)

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

BAIL/10233/2025 · 2025-11-19

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10233 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. Order on I.A. No.2 of 2025: 1. Short term bail application has been filed stating that father-in-law of the applicant has died and ceremonies have to be performed; even husband of the applicant is in custody. 2. Considering the request made, prima-facie, the last rites have to be performed by the son, as such, the short term bail application is rejected, more so, when I am intending to decide the main bail application itself. Order on Bail Application: 3. Counter affidavit filed today in Court is taken on record. 4. Heard learned counsel for the applicant, learned AGA and perused the record. 5. The applicant seeks enlargement on bail in FIR No.188 of 2025, under Section 105, 238(A), 3(5) of BNS, P.S. Kotwali Nagar, District Sitapur. 6. In terms of the FIR it was alleged that brother of the informant had gone to the home of one Ashish and subsequently, information was received that his body was lying in a four wheeler on the backseat. Subsequently, it was informed that on the last night on account of a dispute in between the parties all the accused hit him because of which he suffered substantial injuries and Versus Counsel for Applicant(s) : Anurag Singh Counsel for Opposite Party(s) : G.A., Lalji Prasad Shukla Muskan .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) died. Postmortem report on record indicates presence of as many as 10 injuries on the body of the deceased which are also the cause of death. 7. In the light of the said, learned counsel for the applicant argues that although allegations were levelled against all the accused, nothing specific was stated against the applicant who is a lady; no recovery has been effected from the applicant of any weapon. The applicant has no criminal antecedents. Confessional statement of the applicant is also on record. 8. Learned AGA has opposed the bail application. 9. Considering the fact that the applicant has been linked with the offence based upon information received, confessional statement which are weak piece of evidence coupled with the fact that no recovery has been affected from the applicant and no specific role has been assigned to her, as such, the applicant who has no criminal antecedents and is in custody since 03.07.2025 is entitled to be enlarged on bail. In view thereof, the application is allowed. 10. Let the applicant Muskan be released on bail in aforesaid FIR number on her 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 she 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 19, 2025 nishant BAIL No. 10233 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench