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2025 DAILYLAW 198339 (ALL)

SMT. UMAKANTI v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.

BAIL/12311/2025 · 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. - 12311 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA for the State, Shri Shivam tiwari, learned counsel for the informant and perused the record. 2. The applicant seeks enlargement on bail in FIR No. 271 of 2025, under sections 108, 351(2) BNS, P.S. Pihani, District Hardoi. 3. Learned counsel for the applicant argues that in terms of FIR lodged under Section 173(4) it was alleged that husband of the complainant was having illicit relationship with the applicant for the last four years and the applicant was allegedly pressing him for rights in the property and threats were issued for lodging false FIR. Subsequently the husband of the complaint was hanged to death. Cause of death as per post mortem report is ante mortem hanging. The applicant is being tried for offence under Section 108 BNS. 4. Learned A.G.A. opposed the bail prayer. 5. Considering the allegations in the FIR and prima facie material to suggest abetment at the instance of the applicant as defined under BNS Act is apparently missing as well as 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 19.9.2025 and has no criminal history is entitled to be enlarged on bail. In Versus Counsel for Applicant(s) : Dhananjay Kumar Singh Counsel for Opposite Party(s) : G.A. Smt. Umakanti .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) view thereof, the application is allowed. 6. Let the applicant Smt Umakanti be released on bail in aforesaid FIR number on her furnishing a personal bond with one surety of Rs 5000/- 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. 12311 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench