RAKESH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
BAIL/1375/2025 · 2025-09-26
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 123454 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 123454 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 1375 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J.
1. Supplementary affidavit filed today is taken on record. 2. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 3. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.301 of 2024, under Sections 103(1), 238 BNS, P.S. Jalalpur, District Ambedkar Nagar. 4. In the prosecution case it is alleged that the daughter of the informant married six years ago by hindu rites and rituals with the applicant. After two years of marriage, it is alleged that the in-laws of her daughter started to demand dowry and cash which the informant could not give. On a daily basis, the accused persons used to commit cruelty upon her. It is alleged that one month ago he went away however, from phone he used to instigate the other family members in committing cruelty upon her and also threatened to kill her. On 10.08.2024 at the instigation of the applicant his family members have committed murder of the deceased. 5. Learned counsel for the applicant submits that applicant is husband and is living away from the last one month before the date of incident. He was living separately with his wife. Applicant has no criminal history. Applicant is in jail since 30.10.2024. Applicant has been falsely implicated in this case. Versus Counsel for Applicant(s) : Jyoti Tripathi, Satyarth Mishra Counsel for Opposite Party(s) : G.A., Ajeet Verma Rakesh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s)
6. Learned A.G.A. on the other hand has opposed the bail prayer and has submitted that specific allegation is levelled on the present applicant of beating the deceased and committing physical and mental cruelty. Cause of death is coma and asphyxia due to ante mortem head injury and ante mortem strangulation. There are three ante mortem injuries on the body of the deceased which have not been explained by the applicant. The deceased was his wife and specific allegation is on the applicant. The applicant was present when the offence is committed or not, this can be seen during trial only. It is heinous offence and hence the bail application is liable to be rejected. 7.
Perused the record so also the post mortem report, role assigned to the present applicant and considering the gravity of the offence and the fact that applicant is husband, no case for bail is made out accordingly, the bail application is dismissed. September 26, 2025 Saurabh Yadav/- BAIL No. 1375 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench