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2025 DAILYLAW 188645 (ALL)

SHAMSHAD v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO.

BAIL/6075/2025 · 2025-12-09

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 6075 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. 322 of 2024, under sections 74, 109(1), 70(1), 3(5) BNS, P.S. Mitauli, District Lakhimpur Kheri. 3. Learned counsel for the applicant argues that in terms of FIR it was alleged that when the informants mother had gone to the agricultural fields three accused including the applicant misbehaved with her and subsequently she was caught hold and fired upon which resulted in her death. Subsequently the victim in her statement stated that three accused had caught her and wrong was committed on her. As regards firearm injury the same was assigned to the applicant which was also cause of death. It is argued that two of the co accused had been enlarged on bail however the role of firing of gunshot injury was not assigned to them. 4. Considering the fact that the applicant was assigned of causing the role of gunshot injury to the victim prima facie no good ground for bail is made out. 5. However it is provided that the testimony of the informant Shishupal be Versus Counsel for Applicant(s) : Anjali Dubey, Mohammad Aziz Mansuri, Munni Lal Yadav, Rajiv Mishra, Soniya Mishra Soni Pathak Counsel for Opposite Party(s) : G.A. Shamshad .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. .....Opposite Party(s) recorded within a period of six weeks. The bail application is rejected with liberty to revive after statement of Shishupal. 6. Superintendent of Police is directed to ensure that testimony of Shishupal be recorded within a period of one month without giving any unnecessary adjournment. 7. Senior Registrar is directed to communicate this order to the trial court for compliance. December 9, 2025 J. K. Dinkar BAIL No. 6075 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench