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2025 DAILYLAW 198241 (ALL)

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

BAIL/8788/2025 · 2025-12-10

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. - 8788 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Counter affidavit filed today is taken on record. 2. Heard learned counsel for the applicant, learned AGA and perused the record. 3. The applicant seeks enlargement on bail in FIR No. 239 of 2024, under sections 306 IPC, P.S. Raunahi, District Ayodhya. 4. Learned counsel for the applicant argues that in terms of FIR it was alleged that son of informant had gone to matrimonial family on 9.5.2024 wherein certain demands were made which he could not fulfill. Thereafter he was administered liquor and was beaten up and was executed to death. Cause of death as per post mortem report is ante mortem hanging and apart from ligature mark no other injury was observed on the body of the deceased. The applicant is wife of deceased and is being prosecuted for offence under Section 306. 5. Learned AGA has opposed the bail application. 6. Considering the post mortem report there is no material to suggest abetment at the instance of applicant as defined under BNS. Considering the law laid down by Hon'ble Supreme Court in the case of Mariano Anto Bruno and Anr vs Inspector of Police, 2022 SCC Online SC 1387, however, without commenting upon the merits of the case, the applicant who is in jail since 26.4.2025 and has no criminal history is Versus Counsel for Applicant(s) : Ran Vijay Yadav, Arun Kumar Yadav, Shohit Singh Counsel for Opposite Party(s) : G.A. Arti .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) entitled to be enlarged on bail. In view thereof, the application is allowed. 7. Let the applicant Arti 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. December 10, 2025 J. K. Dinkar BAIL No. 8788 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench