SHIVANI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
/10361/2025 · 2025-12-12
Pankaj Bhatia
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 187775 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 187775 (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. - 10361 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.425 of 2022, under sections 302 IPC, P.S. Gosainganj, District Lucknow. 3. Learned counsel for the applicant argues that in terms of FIR it was alleged that grand son of the informant used to stay with the applicant and when on 6.9.2022 she went she found the grand son dead and apprehension was expressed that the applicant who was staying with the grand son had committed the offence. Subsequently the statement of the witness were recorded where it was stated that a fight had occurred in between the applicant and the deceased. Cause of death as per post mortem report is ante mortem strangulation. The applicant is a lady aged about 23 years and is in custody since 15.9.2022. It is argued that out of 19 witness only six have been examined. 4. Learned AGA has opposed the bail application. 5. Considering the fact that the applicant was framed based upon the presumption that the applicant was staying with the deceased coupled with the fact that the applicant has suffered almost 3 and half years of pre trial detention and there is no likelihood of conclusion of trial in near future, however, without commenting upon the merits of the case, the applicant who is in jail since 15.9.2022 and has no criminal history is Versus Counsel for Applicant(s) : Himadri Goswami, Kapil Kumar Yadav Counsel for Opposite Party(s) : G.A. Shivani .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s)
entitled to be enlarged on bail. In view thereof, the application is allowed. 6.
Let the applicant Shivani be released on bail in aforesaid FIR number on her 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 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 12, 2025 J. K. Dinkar BAIL No. 10361 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench