SHIV KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
BAIL/7765/2025 · 2025-11-06
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 185813 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 185813 (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. - 7765 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 Case Crime No. 172 of 2025, under Sections 108, 85 BNS, Police Station - Tikait Nagar, District - Barabanki.
3. In terms of the FIR it was alleged that the daughter of the informant was married to the applicant around eight years ago. Subsequently, the entire matrimonial family used to harrass. He was informed that her daughter had committed suicide. Cause of death, as per the postmortem report, is ante mortem hanging.
4. Learned AGA has opposed the bail application.
5. Considering the postmortem report and there being no material to suggest abetment at the instance of the applicant as defined under the BNS and considering the law as explained in the case of Mariano Anto Bruno and Anr. v. Inspector of Police; 2022 SCC OnLine SC 1387, the applicant who is in custody since 06.05.2025 and has no criminal antecedent, is entitled to be enlarged on bail. In view thereof, the application is allowed.
6. Let the applicant - Shiv Kumar 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: Versus Counsel for Applicant(s) : Rajesh Kumar, Suhail Kashif Counsel for Opposite Party(s) : G.A. Shiv Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s)
(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 6, 2025 Mohit Singh/- BAIL No. 7765 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench