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2025 DAILYLAW 198395 (ALL)

RAMAKANT KASHYAP v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND 3 OTHERS

BAIL/11616/2024 · 2025-10-17

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11616 of 2024 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Supplementary affidavit filed today in Court is taken on record. 2. Heard learned counsel for the applicant, learned AGA for the State; Shri Uday Kumar, learned counsel for the informant and perused the record. 3. The applicant seeks enlargement on bail in FIR No.224 of 2024, under Section 305, 376 IPC, Section 5/6 of POCSO Act & Section 3(2)5 of SC/ST Act, P.S. Pasgawan, District Kheri. 4. In terms of the FIR it was alleged that sister of the informant was raped and was being harassed because of which she committed suicide. Cause of death, as per the postmortem report, is ante mortem hanging. 5. Learned counsel for the informant states that the victim was pregnant and was carrying a fetus of eight months. 6. Learned AGA has opposed the bail application. 7. Considering the statement of the witness who had stated that the applicant used to harass her because of which she committed suicide, prima-facie, abetment as defined under the Act is missing. As such, considering the law as laid down in the case of Mariano Anto Bruno and Anr. v. Inspector of Police; 2022 SCC OnLine SC 1387, the applicant is entitled to be enlarged Versus Counsel for Applicant(s) : Aman Kumar Shrivastav, Karunakar Srivastava Counsel for Opposite Party(s) : G.A., Arvind Kumar Maurya, Uday Kumar Ramakant Kashyap .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others .....Opposite Party(s) on bail. In view thereof, the application is allowed. 8. Let the applicant Ramakant Kashyap be released on bail in aforesaid FIR number on his 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 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 17, 2025 nishant BAIL No. 11616 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench