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2025 DAILYLAW 198812 (ALL)

MUNDAR NISHAD v. STATE OF U.P. THRU. PRIN. SECY. (HOME DEPTT. ) LKO.

BAIL/9750/2025 · 2025-10-10

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9750 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA for the State, Sri Vijayendra Prakash who appears for the informant and perused the record. 2. The accused-applicant seeks bail in FIR/Case Crime No.164 of 2025 under sections 352, 351(3), 324(2), 105(2) BNS, P.S. Kotwali Bikapur, District Ayodhya. 3. In terms of the FIR, it was alleged that two named and two unknown persons armed with Lathi and Danda came and with regard to enmity relating to land dispute, started attacking the father of the informant which resulted in fracture and the mother of the informant was also badly attacked. Later on the father of the informant died. The cause of death, as per the postmortem report, is cardiogenic shock as a result of myocardial infartion. 4. In the light of the said, the submission of the counsel for the applicant is that the applicant was not named in the FIR and subsequently on the basis of the statement of the eye witness, his name was surfaced, however, no role of using Lathi and Danda was assigned to the applicant. 5. Considering the fact that specific role of attacking Lathi and Danda was not assigned to the applicant coupled with the fact that the applicant has no criminal history and the charge-sheet has already been filed, the applicant who is in custody since 10.06.2025 is entitled for the bail. Thus the bail application is allowed. Versus Counsel for Applicant(s) : Faizal Hashmi, Tauseef Ali Ansari Counsel for Opposite Party(s) : G.A. Mundar Nishad .....Applicant(s) State Of U.P. Thru. Prin. Secy. (Home Deptt. ) Lko. .....Opposite Party(s) 6. Let the applicant Mundar Nishad be released on bail in aforesaid FIR/Case Crime Number subject to his furnishing a personal bond and two reliable sureties of Rs.20,000/- (Twenty Thousand) each of the like amount 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 10, 2025 VNP/- BAIL No. 9750 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench