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2025 DAILYLAW 196900 (ALL)

CHANDRASHEKHAR @ BAUWA v. THE STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/6240/2025 · 2025-10-27

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 6240 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. 68 of 2025, under Sections 103(1), 352 BNS, P.S. Banthara, District Lucknow. 3. Learned counsel for the applicant argues that in terms of FIR it was alleged that on 10.2.2025 when the husband of the informant was playing with his child the applicant allegedly under intoxication came and had a fight with husband of informant and subsequently hit him with a wooden plank which resulted in his death. In the light of the said allegations learned counsel for the applicant states that even in terms of FIR the applicant was found to be in the state of intoxication. It is argued that the applicant would be entitled to the benefit of general exceptions under Chapter III of the BNS. It is further argued that the applicant has no criminal history. The cause of death as per post mortem report is ante mortem head injuries. 4. Learned AGA has opposed the bail application. 5. Considering the allegations in the FIR and the fact that the applicant was said to be under the state of intoxication, however, without commenting upon the merits of the case, the applicant who is in jail since 11.2.2025 and has no criminal history is entitled to be enlarged on bail. In Versus Counsel for Applicant(s) : Mohammad Alam, Hasan Zaheer Zaidi, Jyoti Rajpoot, Naveen Kumar Pal, Sachida Nand Counsel for Opposite Party(s) : G.A. Chandrashekhar @ Bauwa .....Applicant(s) The State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) view thereof, the application is allowed. 6. Let the applicant Chandrashekhar @ Bauwa 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. October 27, 2025 J. K. Dinkar BAIL No. 6240 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench