Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 187252 (ALL)

RAM BALI TIWARI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/7237/2025 · 2025-12-03

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. - 7237 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record. 2. The applicant seeks enlargement on bail in FIR No.58 of 2025, under Section 105 of BNS, Police Station Nigoha, District Lucknow. 3. In terms of the FIR, allegations were levelled that the brother of the informant had gone to the home of the applicant and thereafter his body was found. An information was received that in the state of intoxication, both of them had fight, in which, the applicant hit the deceased, which resulted in his death. The cause of death, as per the postmortem report, is ante mortem head injury and two injuries were observed. One injury was observed on the left side of forehead and another was observed on the right side back of the head. The applicant is in custody since 30.03.2025 and has no criminal history. 4. Learned A.G.A. vehemently opposed the bail prayer. 5. Considering the fact that the applicant and the deceased were in the state of intoxication and apparently, the criminal intent is missing coupled with the fact that the applicant has no criminal antecedents and is languishing in jail since 30.03.2025, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed . Versus Counsel for Applicant(s) : Dileep Kumar Pathak, Manju Lata Counsel for Opposite Party(s) : G.A. Ram Bali Tiwari .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) 6. Let the applicant Ram Bali Tiwari be released on bail in the abovesaid first information report number on his furnishing personal bonds and two reliable sureties of Rs.20,000/- each to the satisfaction of the 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 3, 2025 akverma BAIL No. 7237 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench