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2025 DAILYLAW 182242 (ALL)

RAJ KUMAR v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO

BAIL/12863/2025 · 2025-12-18

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12863 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record. 2. The applicant seeks enlargement on bail in FIR No.197 of 2025, under Section 105 of BNS, Police Station Bazar Shukul, District Amethi. 3. In terms of the FIR, allegations were levelled that the sister of the informant was married to the applicant around 19 years ago and they were blessed with five children. It was also alleged that the matrimonial relations in between the applicant and the deceased was not cordial and subsequently, an information was received that in the state of intoxication, both of them had a fight, which result in the death of the sister of the informant. The cause of death as per the postmortem report is ante mortem injury, which are four in number, which include contusion injury on the head, face and left arm. 4. The Counsel for the applicant argues that even as per the FIR, the offence in question was done in the state of intoxication without there being any premeditated intent. He further argues that the applicant would be in any case entitled to the benefit of Section 23 of the BNS. 5. Learned A.G.A. vehemently opposed the bail prayer. 6. Without going into the contention of the Counsel for the applicant, Versus Counsel for Applicant(s) : Anil Kumar Mishra Counsel for Opposite Party(s) : G.A. Raj Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko .....Opposite Party(s) which has to be seen at the time of trial, prima facie, even as per the FIR version, the applicant was in the state of intoxication and premeditated intent is missing and the fact that the applicant has no criminal antecedents and is languishing in jail since 16.07.2025, 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 Raj Kumar be released on bail in the abovesaid first information report number on his furnishing personal bonds and two reliable sureties of Rs.20,000/- 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 18, 2025 akverma BAIL No. 12863 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench