CHHOTTAN @ SAMSUD DUA ACCORDING TO FIR CHHOTTAN v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.
BAIL/7362/2025 · 2025-10-16
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 202261 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 202261 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 7362 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.0213 of 2025 under sections 108 BNS, P.S. Fakharpur, District Bahraich. 3. In terms of the FIR, it was alleged that prior to the incident, when the informant was coming home at 10 pm, the applicant along with the other co- accused named in the FIR stopped her to go home and when she reached home at morning, the daughter of the informant was found dead. The apprehension was expressed that the applicant has committed the offence in question. The cause of death is antemortem hanging. The applicant is being prosecuted under section 108 BNSS. 4. Considering the FIR and the postmortem report, there exists prima- facie, no material to suggest abetment at the instance of applicant as defined under the Act, thus, considering the law as explained in the case of Mariano Anto Bruno and another vs. Inspector of Police; 2022 SCC Online SC 1387, the applicant who is in custody since 24.06.2025 and has no criminal history is entitled for the bail. Thus the bail application is allowed. 5. Let the applicant Chhottan @ Samsud Dua (according to FIR Chhottan) be released on bail in aforesaid FIR/Case Crime Number subject Versus Counsel for Applicant(s) : Ram Pheran Dwivedi Counsel for Opposite Party(s) : G.A. Chhottan @ Samsud Dua According To Fir Chhottan .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s)
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 16, 2025 VNP/- BAIL No. 7362 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench