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2025 DAILYLAW 195949 (ALL)

KAILASH v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO.

BAIL/496/2025 · 2025-11-17

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 496 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.0162 of 2024, under Section 323, 504, 506, 304 IPC, P.S. Maal, District Lucknow. 3. In terms of the FIR it was alleged that on 09.05.2024 when the informant was cooking food, the applicant who is husband came and started hurling abuses and when the same was resisted, she was beaten up with fists etc., which resulted in substantial injuries. Postmortem report on record indicates presence of as many as three injuries on the head and face. Subsequently, the victim died on account of septicemia as per the postmortem report. 4. Learned AGA has opposed the bail application. 5. Considering the fact that the incident occurred on account of a fit of anger coupled with the fact that the applicant has no criminal antecedents and is in custody since 24.05.2024, the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Kailash 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: Versus Counsel for Applicant(s) : Manoj Kumar Dixit, Badrus Sahar, Ghulam Mohammad Kamil, Narendra Bahadur Singh Counsel for Opposite Party(s) : G.A. Kailash .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko. .....Opposite Party(s) (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 17, 2025 nishant BAIL No. 496 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench