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2025 DAILYLAW 182325 (ALL)

ONKAR LAL SHUKLA v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO.

/12145/2025 · 2025-12-04

Pankaj Bhatia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12145 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.257 of 2025, under Sections 108, 85 of BNS and Section 3/4 of D.P. Act, Police Station Ikauna, District Shrawasti. 3. In terms of the FIR, allegations were levelled that the daughter of the informant was married to the applicant 10 years ago and subsequently, the entire matrimonial family had killed her on 21.09.2025. The postmortem report indicates the cause of death due ante mortem hanging and apart from ligature mark, no other injury was observed except two abrasion present on the left wrist joint and right elbow joint. The applicant is being prosecuted under Section 108 of BNS. 4. Learned A.G.A. vehemently opposed the bail prayer. 5. Considering the postmortem report and there being nothing against the applicant to suggest abetment as defined under the BNS and the law as explained in the case of Mariano Anto Bruno and another vs Inspector of Police; 2022 SCC OnLine SC 1387 and the fact that the applicant has no criminal antecedents and is languishing in jail since 17.10.2025, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. Versus Counsel for Applicant(s) : Santosh Kumar Dwivedi Counsel for Opposite Party(s) : G.A. Onkar Lal Shukla .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. .....Opposite Party(s) 6. Let the applicant Onkar Lal Shukla 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 4, 2025 akverma BAIL No. 12145 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench