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2025 DAILYLAW 196450 (ALL)

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

BAIL/6244/2025 · 2025-10-15

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 6244 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, Mr. Pawan Kumar Pandey, learned counsel for the informant as well as learned AGA for the State and perused the record. 2. The applicant seeks enlargement on bail in FIR No.155 of 2025, under Sections 3(5), 115(2), 109, 103(1) BNS, P.S. Ghunghter District- Barabanki. 3. In terms of the FIR, it has been alleged that on the date of alleged incident, the elder brother of the informant and his wife were working on the agricultural field then the accused person, named in the FIR, came and caused injuries. In terms of the eye witness, role of carrying Favda and beating the deceased on the head which is also the cause of death was attributed to the co-accused Ankit. 4. Learned AGA has opposed the bail application. 5. Considering the aforesaid submission and the post-mortem report which indicates the cause of death as ante-mortem head injury which is attributed to the co-accused Ankit coupled with the fact that the applicant, who is aged about 68 years, is in jail since 29.04.2025 having no criminal history, he is entitled to be enlarged on bail. In view thereof, the application is allowed. Versus Counsel for Applicant(s) : Kaustubh Singh, Dinesh Chandra Yadav, Suresh Kumar Yadav Counsel for Opposite Party(s) : G.A., Pawan Kumar Pandey, Rajesh Kumar Agnihotri Rakesh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) 6. Let the applicant Rakesh 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 she 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 V. Sinha BAIL No. 6244 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench