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2025 DAILYLAW 201672 (ALL)

SALEEM KHAN AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. U.P.

BAIL/6563/2025 · 2025-10-15

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 6563 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. I.A. No.6 of 2025 (Application for short term bail) 1. A short term bail application has been filed stating that the wife of the applicant no.1 is unwell and there is nobody to look after her, however, I propose to consider the main bail application, as such, the short term bail application is rejected. Order on main bail application 2. Heard learned counsel for the applicants, learned AGA and perused the record. 2. The accused-applicants seek bail in FIR/Case Crime No.148 of 2025 under sections 105, 115(2), 351 (3), 352 BNS, P.S. Huzoorpur, District Bahraich. 3. The FIR in question was lodged alleging that on 04.06.2025, the brother of the informant was at the farm when all the accused came and started plucking mangoes, which resulted in an altercation and thereafter all the accused armed with Lathi etc, beat him up, which subsequently resulted in his death. The postmortem report on record indicates the cause of death as ante-mortem injuries. 4. Considering the general nature of allegations and there being no Versus Counsel for Applicant(s) : Anuj Dayal, Manoj Kumar Yadav, Raghvendra Ojha, Santosh Kumar Misra, Sumit Kumar Srivastava Counsel for Opposite Party(s) : G.A., Ashish Raman Mishra Saleem Khan And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. U.P. .....Opposite Party(s) mention of mens rea in causing the offence punishable under section 105 BNS coupled with the fact that the applicant no.1 is aged about 55 years, the applicant no. 2 is aged about 25 years having no criminal history, they are entitled for the bail. Thus the bail application is allowed. 5. Let the applicants Saleem Khan and Nanhu alias Kareem be released on bail in aforesaid FIR/Case Crime Number subject to their 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 applicants shall execute a bond to undertake to attend the hearings; (b) The applicants shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (c) The applicants 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 15, 2025 VNP/- BAIL No. 6563 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench