SHUBHAM v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO.
BAIL/10191/2025 · 2025-10-28
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 202546 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 202546 (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. - 10191 of 2025
Court No. - 12 HON'BLE PANKAJ BHATIA, J.
1. Heard learned counsel for the applicant, learned AGA for the State; Shri Sudhanshu Verma, learned counsel for the informant and perused the record.
2. The applicant seeks enlargement on bail in FIR No.580 of 2014, under Section 306 IPC, P.S. Fardhan, District Kheri.
3. In terms of the FIR it was alleged that the niece of the informant was missing. Subsequently, he was found dead. Cause of death, as per the postmortem report, is hanging. It was alleged that on account of harassment by the applicant, the victim committed suicide. The applicant was not named in the FIR. Subsequently, through an order under Section 319 Cr.P.C. the applicant was summoned.
4. Learned AGA has opposed the bail application.
5. Considering the material on record, prima-facie, the allegation of abetment as defined under BNS is missing. As such, considering the law as explained in the case of Mariano Anto Bruno and Anr. v. Inspector of Police; 2022 SCC OnLine SC 1387, the applicant who is in custody since 25.09.2025 and has no criminal antecedents, is entitled to be enlarged on bail. In view thereof, the application is allowed.
6. Let the applicant Shubham be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.20,000/- each to the satisfaction of court concerned with the following conditions: Versus Counsel for Applicant(s) : Surendra Kumar Mishra Counsel for Opposite Party(s) : G.A. Shubham .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home U.P. Lko. .....Opposite Party(s)
(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 28, 2025 nishant BAIL No. 10191 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench