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2025 DAILYLAW 201980 (ALL)

MITHILESH KUMAR CHAUHAN v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO

BAIL/4552/2025 · 2025-10-16

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. - 4552 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 applicant seeks enlargement on bail in FIR No. 50 of 2025, under Sections 108 BNS, P.S. Alapur, District Ambedkar Nagar. 3. Learned counsel for the applicant argues that in terms of FIR it was alleged that the father of the informant used to stay in the shop and there used to be occasional fight between father and mother and on the date of incident father had gone to the shop whether mother also went. Thereafter it was informed that the shop was on fire, however the father had not taken any steps to douse the fire. Based upon the said allegations the applicant is alleged to have committed offence under Section 108 BNS. 4. Learned AGA has opposed the bail application. 5. Considering the nature of allegation prima facie abetment at the instance of the applicant as defined under the Act is apparently missing, however, without commenting upon the merits of the case, the applicant who is in jail since 13.3.2025 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Mithilesh Kumar Chauhan be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties Versus Counsel for Applicant(s) : Rakesh Dwivedi, Faizal Hashmi, Mahendra Swaroop Tripathi, Tauseef Ali Ansari Counsel for Opposite Party(s) : G.A. Mithilesh Kumar Chauhan .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko .....Opposite Party(s) 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 16, 2025 J. K. Dinkar BAIL No. 4552 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench