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2025 DAILYLAW 185633 (ALL)

RIYAJ @ RAJU v. STATE OF U.P. THRU. PRIN. SECY. HOME AND 3 OTHERS

BAIL/12377/2025 · 2025-12-11

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. - 12377 of 2025 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. 184 of 2025, under sections 107, 74, 329(4) BNS and Sections 7/8 POCSO Act, P.S. Kotwali Harpalpur, District Hardoi. 3. Learned counsel for the applicant argues that in terms of FIR it was alleged that around 10 days ago when the daughter of the informant came it was informed that she was being harassed by the applicant and on 7.6.2025 the applicant came and started misbehaving with her at the home of the informant because of which daughter of the informant committed suicide. Cause of death as per post mortem report is ante mortem hanging. The applicant is being prosecuted for the offence under Section 108 BNS. 4. Learned AGA has opposed the bail application. 5. Considering the post mortem report and the FIR averment prima facie abetment at the instance of the applicant as defined under BNS is missing. 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 9.6.2025 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. Versus Counsel for Applicant(s) : Sanjeev Dwivedi Counsel for Opposite Party(s) : G.A. Riyaj @ Raju .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home And 3 Others .....Opposite Party(s) 6. Let the applicant Riyaj @ Raju 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. December 11, 2025 J. K. Dinkar BAIL No. 12377 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench