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2025 DAILYLAW 184240 (ALL)

AMIT KUMAR TRIVEDI @ GOLU AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/8571/2025 · 2025-10-29

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. - 8571 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Counter affidavit filed today is taken on record. 2. Heard learned counsel for the applicants, learned AGA and perused the record. 3. The applicants seek enlargement on bail in FIR No. 426 of 2024, under Sections 108, 351(3) BNS, PS Hardi, District Bahraich. 4. Learned counsel for the applicants argues that in terms of FIR lodged under Section 173 BNSS on account of pressure being exercised for sale the husband of the informant was killed. Initially the FIR was lodged under Section 103(1) subsequently the FIR was converted for an offence under Section 306 IPC read with Section 108 BNS. Cause of death as per post mortem report is poisoning. 5. Learned AGA has opposed the bail application. 6. Considering the allegations levelled and the post mortem report prima facie abetment as defined under Section 306 IPC is apparently missing as well as 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 applicants who are in jail since 17.07.2025 and have no criminal history are entitled to be enlarged on bail. In view thereof, the application is allowed. Versus Counsel for Applicant(s) : Dinesh Chandra Tewari Counsel for Opposite Party(s) : G.A. Amit Kumar Trivedi @ Golu And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) 7. Let the applicants Amit Kumar Trivedi @ Golu And Rajesh Kumar Trivedi be released on bail in aforesaid FIR number on his furnishing personal bond with two sureties of Rs.20,000/- each to the satisfaction of court concerned with the following conditions: (a) The applicants shall execute a bond to undertake to attend the hearings; (b) The applicants shall not commit any offence similar to the offence of which they are accused or suspected of the commission; and (c) The applicants 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 29, 2025 J. K. Dinkar BAIL No. 8571 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench