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2025 DAILYLAW 194686 (ALL)

SHABEENA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/8667/2025 · 2025-10-10

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. - 8667 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.47 of 2025 under section 103(1), 238-A BNS, P.S. Itiyathok, District Gonda. 3. In terms of the FIR lodged on 08.03.2025, it was alleged that on 15.01.2025 husband of the informant had left on motorcycle for which a missing person report was lodged on the very next date. It was also alleged that the husband of the informant was having illicit relations with the applicant and she along with her husband had committed the offence. Subsequently the body of the victim was recovered on 18.01.2025. The postmortem report on record indicates the cause of death as 'carcinogenic shock due to underlying heart disease.' There are no injuries on the body of the deceased. 4. Learned AGA states that in the call detailed records, there was evidence of applicant taking to the deceased. 5. Irrespective of the said evidence, considering the postmortem report and there being substantial delay in lodging the FIR and there being any direct evidence against the applicant missing, the applicant who is in custody since 09.03.2025 and has no criminal history is entitled for the bail. Thus the bail application is allowed. Versus Counsel for Applicant(s) : Manoj Kumar Singh Counsel for Opposite Party(s) : G.A., Akhilendra Pratap Singh, Ali Moid, Sanjeev Verma Shabeena .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) 6. Let the applicant Shabeena be released on bail in aforesaid FIR/Case Crime Number subject to his furnishing a personal bond and two reliable sureties 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. October 10, 2025 VNP/- BAIL No. 8667 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench