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2025 DAILYLAW 199451 (ALL)

AVINASH @ BAUWA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/2363/2024 · 2025-11-21

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 2363 of 2024 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned A.G.A for the State and perused the record. 2. The applicant seeks enlargement on bail in Case Crime No.184 of 2023, under Sections 363, 366, 302, 504 and 201 I.P.C, P.S. Khiron, District- Raebareli. 3. The F.I.R in question has been registered as a missing F.I.R, alleging that the daughter of the informant, aged about 16 years, was enticed away by the applicant, subsequently, the body of the daughter of the informant was recovered and it was reported that on account of a train accident, she has died. The applicant was linked with the offence in question solely based upon the confessional statement, wherein he has admitted that he had pushed the victim out of the train, because of which she died. The statement of the station master on record indicates that an accident was reported. 4. The contention of learned counsel for the applicant is that the applicant is in custody since 19.05.2023, having no previous criminal antecedent. Therefore, he may be enlarged on bail. 5. Learned A.G.A has opposed the bail application. 6. Considering the material on record; the fact that the applicant has been linked only on the basis of his confessional statement; as also the fact that the applicant is in jail since 19.05.2023, having no criminal antecedents, therefore, the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed. 7. Let the applicant Avinash @ Bauwa be released on bail in aforesaid FIR Versus Counsel for Applicant(s) : Sudhir Kumar Rai, Jaikaran Counsel for Opposite Party(s) : G.A. Avinash @ Bauwa .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) 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 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. November 21, 2025 DiVYa BAIL No. 2363 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench