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2025 DAILYLAW 182159 (ALL)

MOHD. ARMAN v. STATE OF U.P. THRU. SECY. HOME LKO.

BAIL/9985/2025 · 2025-12-05

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9985 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Counter affidavit filed today in Court is taken on record. 2. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record. 3. The applicant seeks enlargement on bail in FIR No.217 of 2025, under Sections 103(1), 238(a), 315 of BNS, Police Station Rampur Mathura, District Sitapur. 3. In terms of the FIR, allegations were levelled that the daughter of the informant aged about 22 years went missing and subsequently, her body was recovered. It was also alleged that some unknown person had throttled her to death. The postmortem report indicates the injuries on the body of the deceased and the cause of death was due ante mortem injury. The applicant was not named in the FIR. Subsequently, the applicant was linked with the offence in question based upon the statement of the informant, who stated that the victim used to talk with the applicant, which was resisted by the family and few days ago, the applicant got married and apprehension was expressed that on account of the earlier relations, the applicant had committed the offence in question. 4. It is argued by the Counsel for the applicant that the applicant has been linked with the offence solely based upon his closeness to the deceased and the confessional statement and the phone recovered at the instance Versus Counsel for Applicant(s) : Narendra Gupta Counsel for Opposite Party(s) : G.A. Mohd. Arman .....Applicant(s) State Of U.P. Thru. Secy. Home Lko. .....Opposite Party(s) and pointing out of the applicant. There is no independent witness to the recovery. 5. Learned A.G.A. vehemently opposed the bail prayer. 6. Considering the nature of the evidence, based upon which the applicant is being linked with the offence in question, prima facie, is weak and the fact that the applicant has no criminal antecedents and is languishing in jail since 23.06.2025, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. 7. Let the applicant Mohd. Arman be released on bail in the abovesaid first information report number on his furnishing personal bonds and two reliable sureties of the like amount each 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 5, 2025 akverma BAIL No. 9985 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench