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2025 DAILYLAW 201858 (ALL)

RAM NARESH v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. CIVIL SECTT. LKO.

BAIL/8106/2023 · 2025-10-16

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8106 of 2023 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.341 of 2022, under Section 302, 201 IPC, Police Station Huzoorpur, District Bahraich. 3. In terms of the FIR, it was alleged that the daughter of the informant was married to the applicant around 22 years ago and subsequently, the applicant developed an illicit relation. It was also alleged that on the date of incident, the daughter of the informant was badly beaten up and thereafter she was hanged after killing her. The postmortem report indicates the cause of death due to ante mortem strangulation. Hyoid bones was found to be intact. 4. In the light of the abovesaid, it is proposed to be argued that the cause of death was hanging and not strangulation. 5. Learned A.G.A. vehemently opposed the bail prayer. 6. Considering the inconsistencies in the postmortem report; the fact that the applicant has no criminal antecedents and is languishing in jail since 14.09.2022 and the applicant has suffered pretrial detention of more than three years, 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) : Hom Narayan Awasthi, Ajey Singh Counsel for Opposite Party(s) : G.A. Ram Naresh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko. .....Opposite Party(s) 7. Let the applicant Ram Naresh be released on bail in the abovesaid first information report number on his furnishing personal bonds and two reliable sureties of the like amount 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 16, 2025 akverma BAIL No. 8106 of 2023 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench