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2025 DAILYLAW 197160 (ALL)

MALHU VISHWAKARMA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/6939/2025 · 2025-10-27

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. - 6939 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 accused-applicant seeks bail in FIR/Case Crime No.32 of 2025 under sections 85, 352, 108 BNS, P.S. Asandara, District Barabanki. 3. In terms of the FIR, it was alleged that the daughter of the informant was married to the applicant around ten years ago and subsequently the entire matrimonial family had hanged her to death. The cause of the death, as per the postmortem report, could not be ascertained. The applicant is being prosecuted for an offence under section 108 BNS. 4. Considering the postmortem report and the material, there is nothing on record to suggest the abetment at the instance of the applicant as defined under the Act, as such, considering the law as explained in the case of Mariano Anto Bruno and another vs. Inspector of Police; 2022 SCC Online SC 1387, the applicant who is in custody since 03.02.2025 is entitled for the bail. Thus the bail application is allowed. 5. Let the applicant Malhu Vishwakarma be released on bail in aforesaid FIR/Case Crime Number subject to his furnishing a personal bond and two reliable sureties of Rs.20,000/- (Twenty Thousand) each of the like amount to the satisfaction of the court concerned with the following conditions: Versus Counsel for Applicant(s) : Shivendra Singh Suryavans, Priya Chaturvedi, Sandeep Kumar Counsel for Opposite Party(s) : G.A. Malhu Vishwakarma .....Applicant(s) State Of U.P. Thru. Prin. 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. October 27, 2025 VNP/- BAIL No. 6939 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench