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2025 DAILYLAW 181612 (ALL)

MOTU @ SHAMIM v. THE STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/1111/2025 · 2025-10-30

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 1111 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.605 of 2023, under Section 302 IPC, P.S. Kotwali Sadar, District Lakhimpur Kheri. 3. FIR in question was lodged against unknown person alleging that body of the son of the informant was found and an apprehension was expressed that some unknown person had killed her. Subsequently, the applicant was linked with the offence in question based upon the statement of the witness who had stated that an altercation had taken place in between the deceased and the applicant and subsequently, it was apprehended that the applicant had committed the offence in question. Cause of death, as per the postmortem report, is ante mortem smothering. 4. Learned AGA has opposed the bail application. 5. Considering the nature of the evidence adduced against the applicant to be prima-facie weak and there being no direct evidence to link the applicant, the applicant who is in custody since 09.06.2024 and has no criminal antecedents, is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Motu @ Shamim be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of the like Versus Counsel for Applicant(s) : Abhishek Srivastava Counsel for Opposite Party(s) : G.A., Vivek Chandra Motu @ Shamim .....Applicant(s) The State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) amount 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. October 30, 2025 nishant BAIL No. 1111 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench