ARUN KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.
BAIL/8298/2025 · 2025-12-11
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 183852 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 183852 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8298 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 applicant seeks enlargement on bail in FIR No. 85 of 2025, under sections 85, 108 BNS, P.S. Fardhan, District Lakhimpur Kheri. 3. Learned counsel for the applicant argues that in terms of FIR it was alleged that daughter of the informant was married to the applicant around 14 years ago. Subsequently she was beaten by the family members. It was stated that cause of death as per post mortem report is ante mortem hanging and the said death has occurred only on account of applicant. Cause of death as per post mortem report is ante mortem hanging. The applicant are being prosecuted under Section 108 and 85 BNS. 4. Learned AGA has opposed the bail application. 5. Considering the post mortem report and the statement prima facie abetment at the instance of the applicant for prosecution under Section 108 BNS is apparently missing. Considering the law laid down by Hon'ble Supreme Court in the case of Mariano Anto Bruno and Anr vs Inspector of Police, 2022 SCC Online SC 1387, however, without commenting upon the merits of the case, the applicant who is in jail since 16.5.2025 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. Versus Counsel for Applicant(s) : Chhaya Tripathi, Manmohan Lal Shukla Counsel for Opposite Party(s) : G.A. Arun Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s)
6. Let the applicant Arun Kumar be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.20,000/- each to the satisfaction of 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 11, 2025 J. K. Dinkar BAIL No. 8298 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench