LUXMI v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO.
BAIL/12595/2025 · 2025-12-19
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 186948 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 186948 (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. - 12595 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. 218 of 2025, under sections 108 BNS, P.S. Shiv Garh, District Raebareli.
3. Learned counsel for the applicant argues that in terms of FIR it was alleged that son of informant aged about 20 years was found dead. It is alleged that around ten days ago threats were issued by various persons on behalf of the applicant. Cause of death as per post mortem report is ante mortem hanging. The applicant is being prosecuted under Section 108 BNS.
4. Learned AGA has opposed the bail application.
5. Considering the FIR and there being nothing specific allegations against the applicant to suggest abetment as defined BNS and 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 8.9.2025 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed.
6. Let the applicant Luxmi be released on bail in aforesaid FIR number on her furnishing a personal bond with two sureties of Rs.20,000/- each to Versus Counsel for Applicant(s) : Rajesh Kumar Srivastava, Khusboo Sharma Counsel for Opposite Party(s) : G.A. Luxmi .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko. .....Opposite Party(s)
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 she 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 19, 2025 J. K. Dinkar BAIL No. 12595 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench