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2025 DAILYLAW 181894 (ALL)

NAZEEM @ KUTKUT v. THE STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.

/10859/2025 · 2025-12-12

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10859 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. Sri Shailendra Kr Singh Yadav appears for the informant. 2. The accused-applicant seeks bail in FIR/Case Crime No.292 of 2025 under section 103(1) BNS, P.S. Pihani, District Hardoi. 3. In terms of the FIR, it was alleged that the daughter of the informant aged about 28 years was married to the brother of the applicant around ten years ago. Subsequently, on account of the dispute, some compromise had taken place, after which the daughter went back to the matrimonial home. Thereafter an information was received that on 31.07.2025, the daughter of the informant was beaten by the matrimonial family members because of which she died. The applicant is the brother in law. The cause of death, as per the postmortem report, includes as many as ten injuries which are present on the forehead, nose, shoulder, arm, thigh, elbow and chest, which are also the cause of death. Subsequently, the applicant was linked with the offence in question based upon the confessional statement of the main accused i.e. the husband wherein he stated that on account of the petty dispute with regard to giving food, altercation took place in between them and thereafter the brother i.e. the applicant had also come and he complained that her behaviour was also not good, and when the victim resisted, the co- accused as well as the applicant hit with wooden chakla on the head because Versus Counsel for Applicant(s) : Bhagwati Prasad Nigam, Anurag Shukla Counsel for Opposite Party(s) : G.A., Shailendra Kr Singh Yadav Nazeem @ Kutkut .....Applicant(s) The State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) of which, she became unconscious. It was also stated that the co-accused i.e. the husband had taken her to hospital where she died. 4. Considering the fact that the applicant was linked in the statement of the co-accused i.e. the husband with whom the fight had occurred and there being no eye witness to the incident and apart from the statement of the co- accused, there being no material to link the applicant who is the bother in law with the offence, as such, the applicant who is in custody since 14.08.2025 and has explained his criminal antecedents, he is entitled to bail. Thus the bail application is allowed. 5. Let the applicant Nazeem @ Kutkut be released on bail in aforesaid FIR/Case Crime Number subject to his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the 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 12, 2025 VNP/- BAIL No. 10859 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- PANKAJ BHATIA High Court of Judicature at Allahabad, Lucknow Bench