Guddu @ Asgar Ali Vs State of U.P. Thru… — Murder and Culpable Homicide | Allahabad HC (2025)

Guddu @ Asgar Ali Vs State of U.P. Thru… — Murder and Culpable Homicide | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Release of applicant Guddu @ Asgar Ali on bail in FIR/Case Crime No. 692 of 2019 on furnishing a personal bond and two reliable sureties each of the like amount, subject to conditions (a)-(c) regarding attending hearings, committing no similar offence, and refraining from inducement, threat, promise or tampering with evidence.

Issue for consideration

Whether the accused-applicant, in his third bail application in FIR/Case Crime No. 692 of 2019 (Ss. 498-A, 302 IPC), is entitled to be enlarged on bail.

Court's answer

In view of the applicant's pretrial detention exceeding five years and his lack of substantial criminal antecedents, the applicant is entitled to bail and the bail application is allowed.

Ratio / Principle

The applicant is to be released on bail in the aforesaid FIR/Case Crime Number upon furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned, subject to conditions: attendance at hearings, commission of no similar offence, and no inducement, threat or promise to any person acquainted with the facts or tampering with the evidence.

Detailed headnote1 paragraphs

Third bail application allowed. Accused-applicant Guddu @ Asgar Ali, in custody since 10.08.2019 (over five years) in FIR/Case Crime No. 692 of 2019 under Sections 498-A and 302 IPC, P.S. Kotwali Nanpara, District Bahraich, arising from the killing by throttling of the informant's daughter in the night of 05/06-08-2019 following an unfulfilled demand of a motorcycle; postmortem report records cause of death as ante-mortem throttling. Counsel argued that three witnesses had not supported the prosecution story and that the applicant's criminal history comprised a single case under Section 354 IPC. His first bail application had been dismissed for want of prosecution and the second as not pressed. Considering the pretrial detention of more than five years and the absence of substantial criminal antecedents, the Court held the applicant entitled to bail and directed release on a personal bond with two reliable sureties, subject to standard conditions. (Hon'ble Pankaj Bhatia, J.; October 10, 2025.)

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL MISC. BAIL APPLICATION No. - 1198 of 2025

Guddu @ Asgar Ali

.....Applicant(s) Versus

State Of U.P. Thru. Prin. Secy. Home Govt. Of U.P. Lko. .....Opposite Party(s) Counsel for Applicant(s) : Nripendra Mishra Counsel for Opposite Party(s) : G.A.

Court No. - 12

HON'BLE PANKAJ BHATIA, J.

Heard learned counsel for the applicant, learned AGA and perused the record.

This is third application for bail of the accused-applicant seeking enlargement on bail in FIR/Case Crime No.692 of 2019 under section 498-A, 302 IPC, P.S. Kotwali Nanpara, District Bahraich. The first bail application of the applicant was dismissed for want of prosecution and the second bail application was dismissed as not pressed.

While arguing the third bail application, the counsel for the applicant argues that the FIR was lodged alleging that the daughter of the informant was married with the applicant ten years ago and thereafter a demand of motorcycle was made by the matrimonial family which could not be fulfilled due to poverty and in the night of 05/06-08-2019, the daughter of the informant has been killed by throttling. The cause of death, as per the postmortem report is ante-mortem throttling.

The counsel for the applicant argues that the applicant is in custody since 10.08.2019 and three of the witness have not supported the prosecution story. The applicant has the criminal history of one case, which is under section 354 IPC.

Considering the pretrial detention of the applicant being more than five years and the applicant having no substantial criminal antecedents, the

BAIL No. 1198 of 2025

2

applicant is entitled for the bail. Thus the bail application is allowed.

Let the applicant Guddu @ Asgar Ali be released on bail in aforesaid FIR/Case Crime Number subject to his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the 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.

(Pankaj Bhatia,J.)

October 10, 2025

VNP/-

Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench