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2025 DAILYLAW 182312 (ALL)

SHALU JAISWAL v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO.

BAIL/10298/2025 · 2025-10-30

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10298 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 accused-applicant seeks bail in FIR/Case Crime No.73 of 2025 under section 108 BNS, P.S. Jahangeerganj, District Ambedkar Nagar. 3. In terms of the FIR, it was alleged that on account of the harassment and humiliation of the applicant having illicit relations elsewhere, the son of the informant committed suicide. The cause of death, as per the postmortem report, is ante-mortem hanging. 4. Considering the postmortem report and the allegations, prima-facie abetment as defined under the BNS is missing, thus considering the law as explained in the case of Mariano Anto Bruno and another vs. Inspector of Police; 2022 SCC Online SC 1387, the applicant is entitled for the bail. Thus the bail application is allowed. 5. Let the applicant Shalu Jaiswal be released on bail in aforesaid FIR/Case Crime Number subject to his furnishing a personal bond and two reliable sureties of Rs.20,000/- (Twenty Thousand) 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; Versus Counsel for Applicant(s) : Sachin Srivastava Counsel for Opposite Party(s) : G.A. Shalu Jaiswal .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. .....Opposite Party(s) (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 VNP/- BAIL No. 10298 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench