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2025 DAILYLAW 202590 (ALL)

ABHISHEK KUMAR AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.

BAIL/9058/2025 · 2025-10-28

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. - 9058 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicants, learned AGA and perused the record. 2. The applicants seek enlargement on bail in FIR No. 85 of 2024, under Sections 504, 506, 306 IPC, P.S. Hargaon, District Sitapur. 3. Learned counsel for the applicants argues that in terms of FIR lodged under Section 156(3) Cr.P.C. it was alleged that the daughter of the informant aged about 16 years was enticed for which Case Crime No. 36 of 2022 was also lodged. It was also stated that subsequently the daughter of the informant was enticed and taken to Himachal pradesh for which Case Crime No. 164 of 2022 was also lodged and thereafter constant threats were issued for not giving any evidence. Subsequently the victim suffered from medical condition and subsequently died. Cause of death as per post mortem report could not be ascertained and viscera was preserved. In the viscera report the cause of death is organophosphorus insecticide. The applicants are being prosecuted for offence under Section 306 IPC. The criminal history of the applicants are explained in paragraph 24 of the application. 4. Learned AGA has opposed the bail application. 5. Considering the the viscera report and there being no material to suggest abetment against the applicants as defined under BNS, however, without commenting upon the merits of the case, the applicants who are Versus Counsel for Applicant(s) : Rajiv Raman Srivastava Counsel for Opposite Party(s) : G.A. Abhishek Kumar And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) in jail since 21.7.2025 are entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicants Abhishek Kumar and Rajendra Prasad be released on bail in aforesaid FIR number on their furnishing personal bond with two sureties of Rs.20,000/- each to the satisfaction of court concerned with the following conditions: (a) The applicants shall execute a bond to undertake to attend the hearings; (b) The applicants shall not commit any offence similar to the offence of which they are accused or suspected of the commission; and (c) The applicants 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 J. K. Dinkar BAIL No. 9058 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench