BRAJESH KUMAR PRAJAPATI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
/11314/2025 · 2025-11-20
body2025
DailyLaw.ai
[ 2025 DAILYLAW 184055 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 184055 (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. - 11314 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J.
1. Heard learned counsel for the applicant, learned AGA for the State, Shri Manoj Kumar Yadav, learned counsel for the informant and perused the record. 2. The applicant seeks enlargement on bail in FIR No. 824 of 2025, under sections 85, 108 BNS, P.S. Kotwali Nagar, District Barabanki. 3. Learned counsel for the applicant argues that in terms of FIR it was alleged that sister of informant was married to applicant in the year 2024. Subsequently she was killed and the body was hanged. Post mortem report on record indicate the cause of death as ante mortem hanging and apart from ligature mark there are no other injury mark on the body of the deceased. The applicant is being prosecuted under Section 108 BNS. Applicant is the husband. Considering the material on record prima facie material suggesting abetment as defined in BNS is missing. 4. Learned AGA and learned counsel for the informant have opposed the bail application. 5. 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 31.8.2025 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. Versus Counsel for Applicant(s) : Rajendra Singh, Gaurav Upadhyay Counsel for Opposite Party(s) : G.A. Brajesh Kumar Prajapati .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s)
6. Let the applicant Brajesh Kumar Prajapati 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.
November 20, 2025 J. K. Dinkar BAIL No. 11314 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench