AMIR KHAN v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO.
BAIL/7753/2025 · 2025-11-14
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 194981 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 194981 (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. - 7753 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J.
1. Counter affidavit filed by the State is taken on record. 2. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record. 3. The applicant seeks enlargement on bail in FIR No.112 of 2025, under Sections 103(1), 238, 87 and 3(5) of BNS, Police Station Malhipur, District Shrawasti. 4. In terms of the FIR, it was alleged that the daughter of the informant was married to one Karim around 8 years ago and the applicant was not having cordial relation with the deceased and was missing since
30.03.2025. Subsequently, it was stated that an information was received that the applicant along with co-accused, who is the brother-in-law of the deceased, had taken her to jungle and had killed her and concealed the body. Subsequently, at the instance and pointing out of the applicant, the body was recovered and on a confessional statement of the co-accused Kasim was recorded, wherein, the co-accused had admitted the commission of offence and stated that the applicant had also accompanied him. 5. The Counsel for the applicant argues that the applicant is not related to the deceased and there is material to suggest that the co-accused was having illicit relation with the deceased. The cause of death as per the Versus Counsel for Applicant(s) : Gyanendra Pathak Counsel for Opposite Party(s) : G.A. Amir Khan .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. .....Opposite Party(s)
postmortem report is due to ante mortem strangulation. 6. Learned A.G.A. vehemently opposed the bail prayer. 7. Considering the fact that apart from the statement of the co-accused, no other material exists to link the applicant with the offence in question and the fact that the applicant has no criminal antecedents and is languishing in jail since 07.04.2025, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. 8.
Let the applicant Amir Khan be released on bail in the abovesaid first information report number on his furnishing personal bonds and two reliable sureties of the like amount each 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 14, 2025 akverma BAIL No. 7753 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench