Allowed

Arun Kumar v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

Allahabad HC11 Dec 2025BAIL/8298/2025

Case brief

AI extract

What is this about?

This High Court allowed a bail application against prosecution under Sections 108 and 85 of the BNS for alleged causing death by hanging. Relying on Supreme Court precedent regarding the absence of abetment, the court granted bail with a personal bond and two sureties.

What did the court decide?

The applicant was released on bail in the said FIR on furnishing a personal bond with two sureties of Rs. 20,000 each.

Arun Kumar Vs State of U.P. Thru. Prin. Secy… — Murder and Culpable Homicide | Allahabad HC (2025)

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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CRIMINAL MISC. BAIL APPLICATION No. - 8298 of 2025

Arun Kumar

.....Applicant(s)

Versus

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

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			.....Opposite Party(s)
Counsel for Applicant(s)	: Chhaya Shukla	Tripathi,	Manmohan Lal
Counsel for Opposite Party(s)	: G.A.

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Court No. - 12

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HON'BLE PANKAJ BHATIA, J.

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

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2. The applicant seeks enlargement on bail in FIR No. 85 of 2025, under sections 85, 108 BNS, P.S. Fardhan, District Lakhimpur Kheri.

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3. Learned counsel for the applicant argues that in terms of FIR it was alleged that daughter of the informant was married to the applicant around 14 years ago. Subsequently she was beaten by the family members. It was stated that cause of death as per post mortem report is ante mortem hanging and the said death has occurred only on account of applicant. Cause of death as per post mortem report is ante mortem hanging. The applicant are being prosecuted under Section 108 and 85 BNS.

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4. Learned AGA has opposed the bail application.

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5. Considering the post mortem report and the statement prima facie abetment at the instance of the applicant for prosecution under Section 108 BNS is apparently missing. Considering the law laid down by Hon'ble Supreme Court in the case of Mariano Anto Bruno and Anr vs Inspector of Police, 2022 SCC Online SC 1387 , however, without commenting upon the merits of the case, the applicant who is in jail since 16.5.2025 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed.

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BAIL No. 8298 of 2025

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6. Let the applicant Arun Kumar 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:

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(a) The applicant shall execute a bond to undertake to attend the hearings;

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(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

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(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.

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(Pankaj Bhatia,J.)

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December 11, 2025

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J. K. Dinkar

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Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench

Arun Kumar v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

Case brief

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Arun Kumar v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

Case brief

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