MOHIT v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
/1558/2025 · 2025-08-05
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 124662 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 124662 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:45491 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1558 of 2025 Applicant :- Mohit Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Sarjoo Ram,Aklavya,Mamta Rawat,Mohan Lal Maurya,Prashant Shekhar Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. As per the office report, the notice to the complainant is served. However, none appears on behalf of the complainant. Heard learned counsel for the applicant, learned AGA for the State and perused the record. In the prosecution case, it is alleged that the complainant married his sister with the applicant on 2.5.2023. On 14.8.2024 at about 03.00 pm, the father-in-law of the deceased informed him that she has died. There is an allegation of continuous demand of dowry on the in-laws.
Learned counsel for the applicant submits that the applicant is innocent. He has no criminal history and he is languishing in jail since 16.8.2024. Charge-sheet in the case has been filed. It is next submitted that the co-accused Kiran Devi has been granted bail by a coordinate bench of this Court. The bail order is on record as Annexure-6 to the bail application. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. has opposed the prayer for bail of the applicant and submitted that the cause of death is hanging. On due consideration to the submissions advanced, perusal of the record so also the fact that a perusal of the statements of the complainant as well as other prosecution witnesses does not show that there is any demand of dowry soon before the death of the deceased coupled with the fact that the co-accused Kiran Devi has been granted bail; the applicant has no criminal history; he is languishing in jail since 16.8.2024; charge-sheet in the case has already been filed and without expressing any opinion on the merits of the case, I find it to be a fit case for
enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant- Mohit involved in Case Crime No. 233 of 2024, under Sections 80, 85 of B.N.S. & Section 3/4 D.P. Act, Police Station- Jahagirabad, District- Barabanki, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) 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. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him in accordance with law. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 B.N.S.S. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of B.N.S.
Order Date :- 5.8.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench