Madhu Vs State of U.P. Thru. Home Secy. Lko. — Murder and Culpable Homicide | Allahabad HC (2025)

Madhu Vs State of U.P. Thru. Home Secy. Lko. — Murder and Culpable Homicide | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Release of applicant Madhu on bail in FIR/Case Crime No.165 of 2024, subject to furnishing a personal bond and two reliable sureties of Rs.20,000/- (Twenty Thousand) each of the like amount, with conditions: (a) undertaking to attend hearings; (b) not committing any offence similar to the offence she is accused or suspected of; and (c) not making any inducement, threat or promise to any person acquainted with the facts so as to dissuade disclosure or tamper with the evidence.

Issue for consideration

Whether the accused-applicant Madhu, charged in FIR/Case Crime No.165 of 2024 under Sections 302 and 201 IPC (murder and disposal of body, P.S. Fatehpur Chaurasi, District Unnao), is entitled to be enlarged on bail.

Court's answer

The material implicating the applicant in the present case is solely based on suspicion.

Ratio / Principle

Coupled with the fact that the applicant is in custody since 05.06.2024 and has no previous criminal antecedent, the applicant is entitled to be enlarged on bail, and the bail application is allowed.

Detailed headnote1 paragraphs

Single-judge bail decision by Hon'ble Pankaj Bhatia, J., High Court of Judicature at Allahabad (Lucknow), Criminal Misc. Bail Application No. 1314 of 2025, decided November 3, 2025: bail ALLOWED for accused-applicant Madhu, booked in FIR/Case Crime No.165 of 2024 under Sections 302 and 201 IPC, P.S. Fatehpur Chaurasi, District Unnao, relating to the disappearance and death of the informant's nephew aged about four and a half years, whose body was recovered from the house of the applicant's uncle. Judge reasoned that the material implicating the lady applicant is solely based on suspicion, and that, together with her judicial custody since 05.06.2024 and her having no previous criminal antecedents, entitled her to enlargement on bail upon a personal bond and two reliable sureties of Rs.20,000/- each, subject to conditions of attending hearings, committing no similar offence, and making no inducement/threat/promise or tampering with evidence.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL MISC. BAIL APPLICATION No. - 1314 of 2025

Madhu

.....Applicant(s)

Versus

State Of U.P. Thru. Home Secy. Lko.

.....Opposite Party(s)

Counsel for Applicant(s) : Shradha, Surjeet Vishwakarma Counsel for Opposite Party(s) : G.A., Sagar Singh, Shri Ram Maurya

Court No. - 12

HON'BLE PANKAJ BHATIA, J.

Heard learned counsel for the applicant, Shri Sagar Singh, learned counsel for the informant as well as learned AGA for the State.

The accused-applicant seeks bail in FIR/Case Crime No.165 of 2024 under Sections 302, 201 IPC, P.S.- Fatehpur Chaurasi, District- Unnao.

In terms of the FIR, it was alleged that a missing person report was lodged alleging that the nephew of the informant, aged about four and a half years, was missing. No one was named in the FIR. Subsequently, in the statement recorded under Section 161 CrPC, it was alleged that on account of hurry, proper FIR could not be lodged. It was stated that the child went missing when he had gone to the home of the father of the applicant and apprehension was expressed that the entire family had killed him. The body of the victim was recovered from the house of the uncle of the applicant. In the statement made by the mother of the victim, apprehension was expressed that the applicant had enticed the boy. The applicant is a lady and is having no previous criminal antecedent and she is in judicial custody since 05.06.2024.

Learned AGA and learned counsel for the informant have opposed the bail application.

Considering the facts and circumstances and the material to implicate the applicant in the present case is solely based on the suspicion coupled

BAIL No. 1314 of 2025

2

with the fact that the applicant is in custody since 05.06.2024 and has no previous criminal antecedent, I am of the view that the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed.

Let the applicant- Madhu b e released on bail in aforesaid FIR/Case Crime Number subject to her furnishing a personal bond and two reliable sureties of Rs.20,000/- (Twenty Thousand) each of the like amount 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 she 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 her from disclosing such facts to the Court or to any police officer or tamper with the evidence.

(Pankaj Bhatia,J.)

November 3, 2025

V. Sinha

Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench