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2025 DAILYLAW 183048 (ALL)

PRAVESH YADAV @ PRAVESH v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO.

BAIL/1172/2025 · 2025-10-31

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 1172 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.440 of 2023, under Sections 302, 34 IPC, Police Station Vibhuti Khand, District Lucknow. 3. In terms of the FIR, it was alleged that on 29.08.2023 at about 11:00 PM (night), the brother-in-law of the informant had gone to met Kamrunisha at her home where three persons were taking alcohol and after seeing the brother-in-law, one of the victim was hit the deceased with the brick lying there and the said three persons had committed the murder of the deceased Ajay Maurya. 4. In the light of the aforesaid allegation, the Counsel for the applicant argues that even the version of the FIR is treated to be true, it was in the state of intoxication and on account of a petty dispute and no mens rea is alleged. The applicant is in custody since 01.09.2023 and has no criminal antecedents. 5. Learned A.G.A. vehemently opposed the bail prayer. 6. Considering the nature of the allegations levelled in the FIR and the fact that the applicant is entitled for the benefit of general exceptions as Versus Counsel for Applicant(s) : Durgesh Kumar Shukla, Basant Pandey, Pawan Kumar Pandey, Satyendra Nath Mishra Counsel for Opposite Party(s) : G.A. Pravesh Yadav @ Pravesh .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. .....Opposite Party(s) he was in the state of intoxication coupled with the fact that the applicant has no criminal antecedents and is languishing in jail since 01.09.2023, 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 Pravesh Yadav @ Pravesh 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. October 31, 2025 akverma BAIL No. 1172 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench