RAHUL v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
BAIL/7308/2025 · 2025-11-04
Pankaj Bhatia
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 184095 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 184095 (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. - 7308 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.198 of 2025, under Section 103(1) of BNS, Police Station Bilgram, District Hardoi. 3. In terms of the FIR, it was alleged that the daughter of the informant was married to the applicant and for the last three years, the applicant was having illicit relation elsewhere. It was alleged that both the accused were hatched conspiracy and started giving her sleeping pills. It was also alleged that the applicant was involved in the death/ suicide of the daughter of the informant. 4. In the light of the aforesaid allegations, the Counsel for the applicant argues that the cause of death, as per the postmortem report, could not be ascertained and the viscera was preserved. The viscera report has not been received so far. He further argues that the FIR was lodged under Section 108 of BNS, however, subsequently, the same was changed under Section 103(1) of BNS. The applicant is in custody since 04.05.2025 and has no criminal antecedents. 5. The Counsel for the informant strongly opposed the bail prayer by arguing that prior to the alleged offence, an application was filed under Section 173 (4) of BNS, in which, the date was fixed for recording of the Versus Counsel for Applicant(s) : Vikas Sharma Counsel for Opposite Party(s) : G.A., Ram Bux Rawat Rahul .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s)
statement, however, prior to the said date, the offence was committed. 6. Learned A.G.A. also vehemently opposed the bail prayer. 7. Considering the submissions made at the Bar, prima facie, the cause of death could not be ascertained from the postmortem report; the viscera analysis is yet to come; the material to suggest that the applicant has administered something to cause the death, as proposed to be argued by the counsel for the informant is, prima facie, missing at this stage and the fact that the applicant has no criminal antecedents and is languishing in jail since 04.05.2025, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. 8.
Accordingly, the bail application is allowed. 8. Let the applicant Rahul 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. November 4, 2025 akverma BAIL No. 7308 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench