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2025 DAILYLAW 197560 (ALL)

SHOBHIT DWIVEDI v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P LKO.

BAIL/1674/2025 · 2025-11-17

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. - 1674 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant as well as learned AGA for the State. No one has put in appearance on behalf of the informant despite notice. 2. The accused-applicant seeks bail in FIR/Case Crime No.712 of 2024 under Sections 103(1), 69 BNS, P.S.- Kotwali City, District- Hardoi. 3. In terms of the FIR, it was alleged that the aunt of the informant used to live alone, on the date of alleged incident, some unknown person came and strangulated her to death. The cause of death as per the post-mortem report is ante-mortem strangulation. Applicant was implicated in the present case only on the basis of confessional statements of witnesses and the informant, wherein, it was stated that the applicant was in relationship with the deceased. 4. Learned AGA has opposed the bail application. 5. Considering the facts and circumstances and the post-mortem report, and there being nothing specific against the applicant to support the allegation that the applicant had committed the alleged offence coupled with the fact that the implication of applicant in present case is solely based upon the statements of witness and informant and he is in custody since 04.11.2024 and has no previous criminal antecedent, I am of the view that the applicant is entitled to be enlarged on bail. In view thereof, Versus Counsel for Applicant(s) : Aishwarya Pratap Singh, Aakanksha Shah, Vivek Kumar Divedi Counsel for Opposite Party(s) : G.A. Shobhit Dwivedi .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home U.P Lko. .....Opposite Party(s) the application is allowed. 6. Let the applicant- Shobhit Dwivedi be released on bail in aforesaid FIR/Case Crime Number subject to her 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: (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. November 17, 2025 V. Sinha BAIL No. 1674 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench