AKSHAY KUMAR v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME U.P. LKO.
BAIL/1273/2025 · 2025-05-08
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 121041 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 121041 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:27167 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1273 of 2025 Applicant :- Akshay Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. Counsel for Applicant :- Uttam Kumar Verma,Archana Yadav Counsel for Opposite Party :- G.A.,Rizwanul Haque Ansari,Santi Hon'ble Subhash Vidyarthi,J.
1. Heard Ms. Archana Yadav, the learned counsel for the applicant, Shri Jayant Singh Tomar, the learned A.G.A.-I for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.415 of 2024 under Sections 80(2), 85 of B.N.S., Section 3/4 of D.P. Act registered at Police Station- Hargaon, District- Sitapur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 07.09.2024 against 11 persons, including the applicant and his family members, stating that the informant had got his daughter married to the applicant three years ago; all the accused persons used to harass her for demanding dowry and she died on 7.09.2024. 4. The postmortem examination report mentions a ligature mark around the neck of the dead body passing obliquely with a gap of 7.5 cm on right side of neck and the cause of death has been opined to be Asphyxia due to antemortem injury and no other injury has been found on the dead body. 5. In the affidavit filed in support of the bail application, it has been stated that the applicant is an innocent person having no criminal history and he has been falsely implicated in the present case. 6. The applicant's father co-accused Ram Kishun has already been granted bail by means of an order dated 18.12.2024 passed
by a Co-ordinate Bench of this Court in Crl. Misc. Bail Application No.13038 of 2023. 8. The State has filed a counter affidavit annexing therewith relevant extract of case diary and a copy of charge-sheet submitted on 09.10.2024, which was submitted against the applicant and his father. It appears that allegations against the other co-accused persons could not be established during investigation as their names do not find place in the charge- sheet. 9.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the postmortem examination report mentions no other injury except a ligature mark; that the F.I.R. mentions similar allegations against all the accused persons and one of the accused persons had already been granted bail and that the applicant has no criminal history and he is languishing in jail since 09.09.2024 whereas the investigation already stands concluded, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Akshay Kumar be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial Court. . [Subhash Vidyarthi, J.] Order Date :- 8.5.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench