Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 202725 (ALL)

KAMALUDDIN @ KAMALU v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/10175/2025 · 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. - 10175 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA for the State; Shri Raja Babu Gupta, learned counsel for the informant and perused the record. 2. The applicant seeks enlargement on bail in FIR No.172 of 2025, under Section 191(2), 126(2), 115(2), 352, 108 BNS, P.S. Katra Bazar, District Gonda. 3. In terms of the FIR it was alleged that daughter of the informant was going to the home of her uncle when she was beaten because of which she committed suicide. Cause of death, as per the postmortem report, is ante mortem hanging. The applicant is being prosecuted for the offence under Section 108 BNS. 4. Learned counsel for the informant states that the nature of injuries in the postmortem report indicates that the victim was beaten up. However, the said injury would also not suggest abetment at the instance of the applicant for being implicated under Section 108 BNS. 5. Considering the postmortem report and there being nothing against the applicant to suggest abetment as defined under the BNS and 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 17.07.2025 is entitled to be enlarged on bail. In view thereof, the application is allowed. Versus Counsel for Applicant(s) : Surya Narayan Mishra, Hemant Kumar Mishra Counsel for Opposite Party(s) : G.A. Kamaluddin @ Kamalu .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) 6. Let the applicant Kamaluddin @ Kamalu 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: (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. 10175 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench