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2025 DAILYLAW 198123 (ALL)

CHANDRAKALA v. STATE OF U.P. THRU. ADDL. PRIN. SECY. HOME U.P. LKO.

BAIL/9715/2025 · 2025-10-10

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9715 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.396 of 2025, under Section 103(1) BNS, P.S. Dewa, District Barabanki. 3. In terms of the FIR it was alleged that the informant was aged about 65 years. It was alleged that the son of the applicant was aged about 49 years and was staying with his wife i.e. the applicant. It was stated that the applicant was having illicit relations with the co-accused and both of them have killed the son of the informant after throttling. 4. In the light of the said, submission of learned counsel for the applicant is that the FIR in question was lodged on 19.07.2025 whereas the arrest of the applicant is shown on 18.07.2025. It is argued that apart from the confessional statement and the recovery allegedly made on 18.07.2025 i.e. prior to lodging the FIR, there is no material to link the applicant with the offence in question. It is argued that the dispute with regard to property was going on in between the informant and his son and the applicant was wrongly implicated with the offence in question. 5. Learned AGA has opposed the bail application. 6. Considering the aforesaid and there being prima-facie improper arrest, the applicant who is in custody since 19.07.2025 and has no criminal antecedent, is entitled to be enlarged on bail. In view thereof, the Versus Counsel for Applicant(s) : Vinay Kumar Verma, Neetesh Kumar Counsel for Opposite Party(s) : G.A. Chandrakala .....Applicant(s) State Of U.P. Thru. Addl. Prin. Secy. Home U.P. Lko. .....Opposite Party(s) application is allowed. 7. Let the applicant Chandrakala be released on bail in aforesaid FIR number on her 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 10, 2025 nishant BAIL No. 9715 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench