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2025 DAILYLAW 200604 (ALL)

RAZIYA BANO v. STATE OF U.P. THRU. ADDL. CHIEF SECY./PRIN. SECY. HOME LKO.

/7621/2025 · 2025-10-13

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 7621 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 accused-applicant seeks bail in FIR/Case Crime No.58 of 2025 under section 103 (1) BNS, P.S. Ghazipur, District Lucknow North, Commissionerate Lucknow. 3. In terms of the FIR, it was alleged that on 14.02.2025, the applicant had a fight with her husband from which, she attacked the husband with a knife, which resulted in substantial injuries and thereafter death. 4. In the light of the said allegation, the counsel for the applicant, argues that on the date of incident, a birthday party was going on and on account of an altercation, accidentally hit the victim, which resulted in the death. 5. My attention is drawn by the learned AGA to the statement of the son of the deceased, wherein he stated that he heard a loud noise and when went inside the room, he saw the father lying in a pool of blood. He also states that his mother was found in the same room along with the knife. He, however stated that on account of hitting with a knife by the mother, the father had died. 6. In the light of the said, the counsel for the applicant argues that the Versus Counsel for Applicant(s) : Nadeem Murtaza, Shashank Tilhari, Wali Nawaz Khan Counsel for Opposite Party(s) : G.A. Raziya Bano .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy./Prin. Secy. Home Lko. .....Opposite Party(s) child was not the eye witness to the incident. The cause of death, as per the postmortem report is stab wound on the front side of the chest. 7. Without going into the contentions of the counsel for the parties at this stage, the fact remains that the applicant, is a lady and is in custody since 15.02.2025 and the charge-sheet has also been filed and apparently the motive to commit the offence cannot be deciphered from the documents so far coupled with the fact that as the applicant has no criminal history and there is nothing on record to demonstrate that the applicant if enlarged on bail can have any adverse affect on the trial, the applicant is entitled to be enlarged on bail. Thus the bail application is allowed. 8. Thus the bail application is allowed. 8. Let the applicant Raziya Bano be released on bail in aforesaid FIR/Case Crime Number subject to her furnishing a personal bond and two reliable sureties 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 13, 2025 VNP/- BAIL No. 7621 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench