MAULANA AKHTAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
BAIL/6519/2025 · 2025-11-18
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 188635 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 188635 (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. - 6519 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J.
1. Heard learned counsel for the applicant as well as learned AGA for the State.
2. The accused-applicant seeks bail in FIR/Case Crime No.267 of 2025 under Sections 108 BNS and Section 3/5(1) of UP Prohibition of Unlawful Conversion of Religion Act, P.S.- Khamariya, District- Lakhimpur Kheri.
3. In terms of the FIR, it was alleged that the applicant used to harass the victim, because of which, she committed suicide. The cause of death as per the post-mortem report is ante-mortem hanging. It is further argued that the applicant is the husband.
4. Learned AGA has opposed the bail application.
5. Considering the facts and circumstances and the post-mortem report, prima facie, the alleged incident cannot be said to be due to abetment as defined in the in the case of Mariano Anto Bruno and Anr. Vs. Inspector of Police reported in 2022 SCC OnLine SC 1387 coupled with the fact that the applicant is in custody since 15.06.2025 and has no previous criminal antecedent, I am of the view that the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed.
6. Let the applicant- Maulana Akhtar be released on bail in aforesaid Versus Counsel for Applicant(s) : Alok Kumar Singh, Amit Kumar Awasthi Counsel for Opposite Party(s) : G.A. Maulana Akhtar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s)
FIR/Case Crime Number subject to her 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: (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 V. Sinha BAIL No. 6519 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench