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2025 DAILYLAW 201697 (ALL)

IMRAN v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME LKO.

BAIL/8840/2025 · 2025-10-15

Pankaj Bhatia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8840 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.200 of 2025 under sections 69, 108 BNS, P.S. Sharda Nagar, District Kheri. 3. In terms of the FIR, it was alleged that the daughter of the informant was enticed away by the applicant and on the false pretext of marriage, physical relations were formed because of which she committed suicide. In the dying declaration, the victim stated the poison was brought by the applicant. The cause of death could not be ascertained in the postmortem report. 4. It is argued that the dying declaration was not recorded by the person authorised. Reliance is placed upon the judgment of the Supreme Court in the case of Kamaruddin Dastagir Sanadi vs. State of Karnataka; 2024 SCC Online, SC 3541. 5. In view of the fact that although the dying declaration is not on record, however, the manner in which it has been recorded is subject to trial. 6. Considering the fact that the postmortem report does not indicate the cause of death and the material to suggest abetment is subject to trial, the applicant who is in custody since 26.07.2025 and has no criminal history is entitled for the bail. Thus the bail application is allowed. Versus Counsel for Applicant(s) : Aman Kumar Shrivastav Counsel for Opposite Party(s) : G.A., Amit Kumar Awasthi Imran .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. .....Opposite Party(s) 7. Let the applicant Imran be released on bail in aforesaid FIR/Case Crime Number subject to his furnishing a personal bond and two reliable sureties of Rs.20,000/- (Twenty Thousand) 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 15, 2025 VNP/- BAIL No. 8840 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench