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2025 DAILYLAW 184402 (ALL)

ARJUN @ RAMGOPAL v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO

/11059/2024 · 2025-11-20

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11059 of 2024 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.230 of 2024, under Section 302 IPC, P.S. Dhaurahra, District Kheri. 3. In terms of the FIR it was alleged that brother of the informant aged about 40 years used to stay with his wife, mother and child and on the last night, the brother of the informant was sleeping with his wife, and the mother and child was sleeping in the separate room when the wife of the applicant who is having the illicit relations with her committed his murder. Cause of death, as per the postmortem report, is antemortem strangulation, however, the hyoid bone was found to be intact. No other injury was observed on the body of the deceased. Statement of the son of the deceased indicates that he had seen the applicant coming out of the room. The applicant is in custody since 08.05.2024 and has no criminal antecedents. 4. Learned AGA has opposed the bail application. 5. Considering the fact that there are no eyewitness to the incident coupled with the fact that the postmortem report on record indicates that hyoid bone was intact and also taking into consideration that the fact that the applicant has no criminal antecedents and only one witness has been examined so far, the applicant is entitled to be enlarged on bail. In view thereof, the Versus Counsel for Applicant(s) : Amit Kumar Awasthi Counsel for Opposite Party(s) : G.A. Arjun @ Ramgopal .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko .....Opposite Party(s) application is allowed. 6. Let the applicant Arjun @ Ramgopal be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of the like amount 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 nishant BAIL No. 11059 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench