Allahabad High Court
BAIL/12683/2025 of NANKU NISHAD Vs STATE OF U.P. THRU ADDL. CHIEF SECY. HOME LKO. on 18 December 2025
JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12683 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA for the State, Shri Akhilendra Kumar Goswami, learned counsel for the informant and perused the record. 2. The
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
CRIMINAL MISC. BAIL APPLICATION No. - 12683 of 2025
Court No. - 12
HON'BLE PANKAJ BHATIA, J.
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1. Heard learned counsel for the applicant, learned AGA for the State, Shri Akhilendra Kumar Goswami, learned counsel for the informant and perused the record.
2. The applicant seeks enlargement on bail in FIR No. 179 of 2025, under sections 108 BNS, P.S. Umri Begamganj, District Gonda.
3. Learned counsel for the applicant argues that in terms of FIR it was alleged that on 31.8.2025 at about 6 the brother of the informant had gone alongwith the applicant and had kept certain ornaments on mortgage and subsequently on account of harassment he committed suicide at the home of co accused Mohit because of which he died. Cause of death as per post mortem report is ante mortem hanging.
4. Learned AGA and learned counsel for the informant have opposed the bail application.
5. Considering the post mortem report and the FIR prima facie abetment as defined under the BNS for prosecution under Section 108 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 31.10.2025 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application Versus Counsel for Applicant(s) : Indra Pratap Singh, Ashvani Kumar Yadav, Saurabh Singh Counsel for Opposite Party(s) : G.A. Nanku Nishad .....Applicant(s) State Of U.P. Thru Addl. Chief Secy. Home Lko. .....Opposite Party(s)
is allowed.
6. Let the applicant Nanku Nishad 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. December 18, 2025 J. K. Dinkar BAIL No. 12683 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench