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2025 DAILYLAW 198159 (ALL)

HARIOM v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/3145/2025 · 2025-10-27

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 3145 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.50 of 2025, under Section 69, 108 BNS, P.S. Bhira, District Lakhimpur Kheri. 3. In terms of the FIR it was alleged that daughter of the informant aged about 20 years was pregnant and was carrying a fetus of the applicant who had promised to marry her and had formed physical relations on false pretext of marriage. Subsequently, the daughter had committed suicide. Cause of death, as per the postmortem report, is asphyxia due to ante mortem hanging. 4. Learned AGA has opposed the bail application. 5. Considering the postmortem report and there being nothing specific against the applicant of having abeted the commission of the act as defined under the BNS and considering the law as explained in the case of Mariano Anto Bruno and Anr. v. Inspector of Police; 2022 SCC OnLine SC 1387 , the applicant who is in custody since 05.02.2025 and has no criminal antecedents, is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Hariom be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.20,000/- each to the Versus Counsel for Applicant(s) : Arun Singh Somvanshi Counsel for Opposite Party(s) : G.A. Hariom .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) 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 nishant BAIL No. 3145 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench