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2025 DAILYLAW 198596 (ALL)

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

BAIL/5809/2025 · 2025-10-27

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 5809 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record. 2. The applicant seeks enlargement on bail in FIR No.66 of 2025, under Sections 115(2), 352, 351(2), 351(3), 126(2), 105 of BNS, Police Station Sidhauli, District Sitapur. 3. The FIR in question was lodged by Dinesh Kumar, who was a watchman in a brick field, namely, Shiv Brick Field. It was alleged that one Subhas, who was brick kiln labourer had gone to attain natures calls and the accused named in the FIR refused for the same and abused Subhas. It was also alleged that when the grandmother of Subhas asked for abusing, the named accused armed with Danda hit on the head of grandmother, which resulted into severe injury and succumbed to death. 4. It is argued by the Counsel for the applicant that the informant has not supported the prosecution case in his cross-examination, which is evident from the cross-examination filed along with the rejoinder affidavit. 5. Learned A.G.A. vehemently opposed the bail prayer. 6. Considering the fact that the informant has not supported the prosecution story in his cross-examination coupled with the fact that the applicant has no criminal antecedents and is languishing in jail since 19.03.2025, I am of the view that the applicant is entitled to be released Versus Counsel for Applicant(s) : Rajiv Raman Srivastava Counsel for Opposite Party(s) : G.A. Lalta .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) on bail. Accordingly, the bail application is allowed. 7. Let the applicant Lalta be released on bail in the abovesaid first information report number on his furnishing personal bonds and two reliable sureties of Rs.20,000/- each to the satisfaction of the 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 akverma BAIL No. 5809 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench