FURKAN v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
/3467/2025 · 2025-10-14
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 201435 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 201435 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 3467 of 2025
Court No. - 12 HON'BLE PANKAJ BHATIA, J.
1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. This is the second bail application on behalf of the applicant who seeks enlargement on bail in FIR No.42 of 2022, under Section 376, 323, 504, 506 IPC, P.S. Kotwali Sadar, District Kheri. 3. The first bail application was dismissed as withdrawn on 16.01.2025. 4. While arguing the present second bail, it is argued by learned counsel for the applicant that the FIR was lodged through an application under Section 156(3) Cr.P.C. wherein it was stated that the applicant had committed wrong on her because of which she became pregnant. Subsequently, she started staying with the applicant and on 15.06.2021 when she woke up, she saw that the child which was born has been killed and the applicant was also thrown out to the matrimonial home. In the statements under Section 161 & 164 Cr.P.C., the victim admitted that ultimately the marriage was performed in between the parties. No postmortem was done of the child who was allegedly killed by the applicant. 5. Learned AGA has opposed the bail application. 6. In view of the statement that the applicant and the victim had married Versus Counsel for Applicant(s) : Dharm Trivedi, Arsh Bugga, Surya Prakash Counsel for Opposite Party(s) : G.A. Furkan .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s)
and there being no postmortem of the child who was allegedly killed, the applicant who is in custody since 09.10.2024 and has no criminal antecedent, is entitled to be enlarged on bail. In view thereof, the application is allowed. 7.
Let the applicant Furkan 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 14, 2025 nishant BAIL No. 3467 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench