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Allahabad High Court · body

2025 DAILYLAW 200343 (ALL)

MOHD. SHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

/7463/2025 · 2025-10-13

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 7463 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. The applicant seeks enlargement on bail in FIR No.76 of 2025, under Sections 103(1) BNS, P.S. Mallawan, District Hardoi. 3. Learned counsel for the applicant argues that in terms of FIR it was alleged that on 9.3.2025 at about 11:30 PM the husband of the informant was killed by the applicant by used of firearm. In the light of the said allegations learned counsel for the applicant draws my attention to the quest report which was conducted on 10.3.2025 on which date the applicant was also present alongwith two sons of the deceased who never made mention of the applicant having committed the offence in question. It is further argued that the applicant was linked with the offence based on recovery which was not conducted in the presence of any independent witness. 4. Learned AGA has opposed the bail application. 5. Considering that the applicant is aged about 72 years, there is no such mention in the quest report and the recovery was not carried out in the presence of independent witnesses, however, without commenting upon the merits of the case, the applicant who is in custody since 10.3.2025 having no criminal history is entitled to be enlarged on bail. In view Versus Counsel for Applicant(s) : Vikas Vikram Singh, Amit Jaiswal Ojus Law Counsel for Opposite Party(s) : G.A. Mohd. Sher .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) thereof, the application is allowed. 6. Let the applicant Mohd. Sher 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 13, 2025 J. K. Dinkar BAIL No. 7463 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench