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2025 DAILYLAW 202536 (ALL)

GANGA RAM @ MITTHU LAL v. STATE OF U.P. THRU. THE PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

ABAIL/1185/2025 · 2025-10-28

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1185 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant; learned AGA for the State and perused the records. 2. The present application under Section 438 Cr.P.C. has been filed seeking anticipatory bail apprehending arrest in FIR No.449 of 2017 under sections 498-A, 304-B IPC and Section 3/4 DP Act, P.S. Kotwali Akbarpur, District Ambedkar Nagar. 3. In terms of the FIR, it was alleged that the daughter of the informant was married to the brother in law of the applicant and subsequently she was killed by the entire matrimonial family. The applicant is the brother in law and was named in the FIR, however no charge-sheet was filed against him and subsequently, through an order passed under section 319 Cr.P.C., the applicant was summoned. The Criminal Revision preferred by the applicant has also been dismissed. It is argued that the co-accused have been enlarged on bail. 4. Learned AGA opposes the bail application. 5. Considering the fact that the applicant was not even charge-sheeted and the co-accused has been enlarged on bail, the applicant is entitled to the benefit of anticipatory bail till the conclusion of the trial. Versus Counsel for Applicant(s) : Santosh Kumar Srivastava, Himanshu Singh Counsel for Opposite Party(s) : G.A. Ganga Ram @ Mitthu Lal .....Applicant(s) State Of U.P. Thru. The Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) 6. Thus, in the event of arrest, let the applicant Ganga Ram @ Mitthu Lal be released on anticipatory bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.30,000/- each separately to the satisfaction of Court below 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. (d) The applicant shall not leave India without the previous permission of the Court. 7. The present application for anticipatory bail is accordingly allowed. October 28, 2025 VNP/- ABAIL No. 1185 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench