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2025 DAILYLAW 196257 (ALL)

NAJIM ALI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

BAIL/6014/2025 · 2025-10-15

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. - 6014 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 Sri Satendra Singh, learned Counsel for the informant. 2. The applicant seeks enlargement on bail in FIR No.106 of 2025, under Sections 70(2), 108, 238 BNS and Section 5(g)/ 6 of POCSO Act, Police Station Matera, District Bahraich. 3. In terms of the FIR, it was alleged that the daughter of the informant was abeted by the applicant and because of which, she committed suicide. It was also alleged that the applicant had committed wrong on her. The postmortem of the deceased was not conducted as the body was cremated prior to lodging of the FIR. 4. Learned A.G.A. as well as learned Counsel for the complainant vehemently opposed the bail prayer. 5. Considering the nature of the allegations and the fact that prima facie, the abetment as defined under the BNS is not made out and also considering the law laid in the case of Mariano Anto Bruno and another vs Inspector of Police; 2022 SCC OnLine SC 1387 coupled with the fact that the applicant has no criminal antecedents and is languishing in jail since 16.04.2025, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. Versus Counsel for Applicant(s) : Rahul Srivastava, Mohit Singh, Rahul Kumar Shukla, Shivam Srivastava Counsel for Opposite Party(s) : G.A., Manoj Kumar Singh Najim Ali .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) 6. Let the applicant Najim Ali be released on bail in the abovesaid first information report number on his furnishing personal bonds and two reliable sureties of Rs.20,000/- 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. October 15, 2025 akverma BAIL No. 6014 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench