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2025 DAILYLAW 202969 (ALL)

RAM MURTI v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. LKO.

BAIL/10528/2025 · 2025-11-12

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10528 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard Shri Shyam Kishor, learned counsel for the applicant, learned AGA and perused the record. 2. The applicant seeks enlargement on bail in FIR No. 236 of 2025, under sections 105, 352 BNS, P.S. Kachhauna, District Hardoi. 3. Learned counsel for the applicant argues that in terms of FIR it was alleged that on 28.6.2025 when the informant was at her home with her husband brother of the husband came in the state of intoxication and started hurling abuse and when the same was resisted he hit him with his leg in stomach and also abused them because of which husband of the informant was taken to hospital and subsequently he died. The cause of death as per post mortem report is ante mortem injuries. Injuries are also noticed on the nose, neck and chest of the deceased. 4. Learned AGA has opposed the bail application. 5. Considering the allegations that the applicant had hit the victim in the state of intoxication and prima facie there being absence of mens rea, however, without commenting upon the merits of the case, the applicant who is in jail since 30.6.2025 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Ram Murti be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.20,000/- Versus Counsel for Applicant(s) : Shyam Kishor, Mohammad Nauman Counsel for Opposite Party(s) : G.A. Ram Murti .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. .....Opposite Party(s) 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. November 12, 2025 J. K. Dinkar BAIL No. 10528 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench