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2025 DAILYLAW 188386 (ALL)

SUKHMATA @ DAMUI v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO.

BAIL/11094/2025 · 2025-11-18

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. - 11094 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 accused-applicant seeks bail in FIR/Case Crime No.0527 of 2022 under section 306, 34 IPC, PS. Kotwali Ayodhya, District Ayodhya. 3. The FIR in question was lodged alleging that the brother of the informant was called on phone, subsequently, the phone was switched off and it was averred that the accused had hanged him to death. The postmortem report on record indicates the cause of death as ante-mortem hanging. 4. Considering the averment and the postmortem report, prima-facie, the material to suggest abetment at the instance of the applicant as defined under the BNS is missing, as such, considering the law as explained in the case of Mariano Anto Bruno and another vs. Inspector of Police; 2022 SCC Online SC 1387, the applicant who is in custody since 27.11.2022 and has no criminal history is entitled to bail. Thus the bail application is allowed. 5. Let the applicant Sukhmata @ Damui be released on bail in aforesaid FIR/Case Crime Number subject to his furnishing a personal bond and two reliable sureties of Rs.20,000/- (Twenty Thousand) each of the like amount to the satisfaction of the court concerned with the following conditions: Versus Counsel for Applicant(s) : Arvind Kumar Mishra Counsel for Opposite Party(s) : G.A. Sukhmata @ Damui .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of 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 18, 2025 VNP/- BAIL No. 11094 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench