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2025 DAILYLAW 195530 (ALL)

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

BAIL/7640/2025 · 2025-12-10

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 7640 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record. 2. The applicant seeks enlargement on bail in FIR No.162 of 2025, under Sections 103(1), 140(1), 191(1), 190 of BNS, Police Station Padhua, District Lakhimpur Kheri. 3. In terms of the FIR, allegations were levelled that on 03.04.2025 at about 12:00 PM, the son of the informant aged about 19 years was taken by all the accused named in the FIR on the allegation that he was guilty of enticing the sister of the accused and he was thrown in a canal, which resulted in his death. The cause of death, as per the postmortem report, is due to asphyxia as a result of ante mortem drowning. No injury was observed in the body. The statements of the witnesses are on record which suggest that they had seen the deceased being taken by the accused and had also heard that in case, the sister is not found, they have killed him and thereafter, the son of the informant was thrown in the canal. In one of the statement of Santosh Kumar, it was stated that the deceased was thrown in the canal and the deceased knew how to swin and tried to cross the canal by swimming but the accused surrounded him and did not let him come out of the canal and because of which, he drowned. 4. Learned A.G.A. vehemently opposed the bail prayer. Versus Counsel for Applicant(s) : Deo Raj Singh Counsel for Opposite Party(s) : G.A. Hakimuddin .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) 5. Considering the postmortem report and there being no prima facie injury indicated in the body and the witnesses are the interested witnesses and the fact that the applicant has no criminal antecedents and is languishing in jail since 05.04.2025, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed . 6. Let the applicant Hakimuddin 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. December 10, 2025 akverma BAIL No. 7640 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench