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2025 DAILYLAW 202101 (ALL)

ABDUL KAISH v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT., LKO.

BAIL/11809/2023 · 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. - 11809 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.288 of 2022, under Sections 366, 302, 201 IPC, Police Station Motigarpur, District Sultanpur. 3. In terms of the FIR, it was alleged that the daughter of the informant was enticed by the applicant. Subsequently, as per the counter affidavit, the victim and the applicant had married. Subsequently, the victim died and the cause of death, as per the postmortem report, is ante mortem strangulation. 4. It is argued by the Counsel for the applicant that there are in consistencies in the postmortem report. 5. Learned A.G.A. vehemently opposed the bail prayer. 6. Considering the fact that the applicant is in custody since 04.11.2022; the applicant has suffered pre-trial detention of almost three years; the applicant has no criminal antecedents and the office report indicates that only one witness has been examined so far and there is no likelihood of the trial being concluded in near future, 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) : Ram Kushal Tiwari, Ravindra Pandey Counsel for Opposite Party(s) : G.A. Abdul Kaish .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt., Lko. .....Opposite Party(s) 7. Let the applicant Abdul Kaish 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. 11809 of 2023 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench