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2025 DAILYLAW 185290 (ALL)

MUSHEER ALIAS MUSHEER AHMAD v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. CIVIL SECTT. LKO

/3596/2024 · 2025-11-28

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 3596 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.791 of 2023, under sections 302 IPC, P.S. Thakurganj, District Lucknow. 3. Learned counsel for the applicant argues that on 16.11.2023 a missing person report was lodged by the informant that her husband was missing. However on the very next day i.e. 17.11.2023 the FIR in question was lodged alleging that some dispute took place in between husband of informant and the applicant sometimes before and thereafter when her husband was missing it was apprehended that the applicant had committed the offence. Cause of death as per post mortem report is contusion and lacerated wounds on right side of head. The applicant was named in the offence in question based upon suspicion and recovery of brick that had been done after substantial long time that too not in the presence of independent witness. 4. Learned AGA has opposed the bail application. 5. Considering the fact that the applicant has been linked with offence in question solely on the basis of suspicion and his confessional statement, however, without commenting upon the merits of the case, the applicant Versus Counsel for Applicant(s) : Shyam Sunder Chandra, Ganga Ram, Jalaj Kumar Gupta, Mohammad Yazdan Khan, Mohd. Imran Khan Counsel for Opposite Party(s) : G.A. Musheer Alias Musheer Ahmad .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko .....Opposite Party(s) who is in jail since 18.11.2023 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Musheer @ Musheer Ahmad 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 28, 2025 J. K. Dinkar BAIL No. 3596 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench