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2025 DAILYLAW 196805 (ALL)

GUDDU @ ASGAR ALI v. STATE OF U.P. THRU. PRIN. SECY. HOME GOVT. OF U.P. LKO.

BAIL/1198/2025 · 2025-10-10

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. - 1198 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. This is third application for bail of the accused-applicant seeking enlargement on bail in FIR/Case Crime No.692 of 2019 under section 498-A, 302 IPC, P.S. Kotwali Nanpara, District Bahraich. The first bail application of the applicant was dismissed for want of prosecution and the second bail application was dismissed as not pressed. 3. While arguing the third bail application, the counsel for the applicant argues that the FIR was lodged alleging that the daughter of the informant was married with the applicant ten years ago and thereafter a demand of motorcycle was made by the matrimonial family which could not be fulfilled due to poverty and in the night of 05/06-08-2019, the daughter of the informant has been killed by throttling. The cause of death, as per the postmortem report is ante-mortem throttling. 4. The counsel for the applicant argues that the applicant is in custody since 10.08.2019 and three of the witness have not supported the prosecution story. The applicant has the criminal history of one case, which is under section 354 IPC. 5. Considering the pretrial detention of the applicant being more than five years and the applicant having no substantial criminal antecedents, the Versus Counsel for Applicant(s) : Nripendra Mishra Counsel for Opposite Party(s) : G.A. Guddu @ Asgar Ali .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Govt. Of U.P. Lko. .....Opposite Party(s) applicant is entitled for the bail. Thus the bail application is allowed. 6. Let the applicant Guddu @ Asgar Ali be released on bail in aforesaid FIR/Case Crime Number subject to his furnishing a personal bond and two reliable sureties each of the like amount 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 10, 2025 VNP/- BAIL No. 1198 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench