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2025 DAILYLAW 201602 (ALL)

GULSHAN @ ABHISHEK v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO

/13180/2024 · 2025-10-14

Pankaj Bhatia

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 13180 of 2024 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record. 2. The applicant seeks enlargement on bail in FIR No.227 of 2024, under Section 108, 115(2) 79, 351(2) of BNS, Police Station Behta Gokul, District Hardoi. 3. In terms of the FIR, it was alleged that the applicant and the other co- accused named in the FIR used to misbehaved with the applicant and because of which, the deceased committed suicide. The suicide note is on record, wherein, no specific allegation were levelled against the applicant. 4. Learned A.G.A. vehemently opposed the bail prayer. 5. Considering the suicide note; the cause of death being ante mortem handing; the applicant has no criminal antecedents and is in custody since 23.07.2024 and prima facie, the abetment at the instance of the applicant as defined in the Act is missing and in view of the law laid down in the case of Patel Babhubhai Manohardas & others Vs State of Gujarat: 2025 LiveLaw (SC) 288, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. Versus Counsel for Applicant(s) : Avikshit Mishra, Gaurav Upadhyay, Jitendra Kumar Singh, O.P. Tiwari, Pallavi Vatsala, Sandeep Kumar Shukla, Sanjeev Dwivedi Counsel for Opposite Party(s) : G.A., Piyush Tripathi, Shubham Tiwari, Sonu Tiwari Gulshan @ Abhishek .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko .....Opposite Party(s) 6. Let the applicant Gulshan @ Abhishek be released on bail in the abovesaid first information report number on his furnishing personal bonds and two reliable sureties of Rs.20,000/- each 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 14, 2025 akverma BAIL No. 13180 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench