RAHUL KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
BAIL/10866/2025 · 2025-11-15
body2025
DailyLaw.ai
[ 2025 DAILYLAW 195850 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 195850 (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. - 10866 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.206 of 2025 under sections 103(1), 3 (5) BNS, 2023, Police Station Kotwali Nagar, District Raebareli. 3. Learned counsel for the applicant argues that in terms of the FIR, which was lodged under Section 103(1) BNS, 2023, it is recorded that at the time of the post mortem, the informant, who is Sub-Inspector, recorded that the public had informed that the applicant and his wife were having a fight at home. It was also recorded that father of the victim had given an application on 13.06.2025, however, he subsequently refused to come and based upon the post mortem report, the FIR of the case in question was lodged. 4. Learned counsel for the applicant drew my attention to the post mortem report, which reports the cause of death as anti-mortem strangulation, however, hyoid bone was found to be intact as is evident from the post mortem report. In light of the said, it is further argued that even as per the statement of the father of the deceased, she committed suicide. It is next argued that in the event of her hyoid bone, being intact, the conclusion that the death was on account of anti-mortem strangulation appears to be, prima facie incorrect. It is further submitted that the co-accused has Versus Counsel for Applicant(s) : Ashutosh Kumar Shukla Counsel for Opposite Party(s) : G.A. Rahul Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s)
already been enlarged on bail on different grounds. 5. Learned AGA has opposed the bail application. 6. Considering the facts and circumstances including the post mortem report and the statement of the father of the victim, who had himself stated that his daughter had committed suicide, prima facie indicates that the offence under Section 103(1) has not been committed and without commenting upon the merits of the case, the applicant, who is in jail since 15.06.2025 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. 7.
Let the applicant Rahul Kumar be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.20,000/- each to the satisfaction of 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 15, 2025 Raj BAIL No. 10866 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- RAJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench