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2025 DAILYLAW 128469 (ALL)

RAM MILAN v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO.

BAIL/2269/2025 · 2025-03-20

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:16109 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2269 of 2025 Applicant :- Ram Milan Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Aakash Srivastava,Apoorv Srivastava,Sunil Mohan Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Apoorv Srivastava, learned counsel for the applicant, Shri Anant Pratap Singh, the learned A.G.A. for the State, Shri Arjun Singh, the learned counsel for the informant and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.377 of 2023, under Sections 85, 80, 92 B.N.S. and 3/4 Dowry Prohibition Act registered at Police Station- Sursa, District- Hardoi. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 24.11.2024 against the applicant, his father, mother and two sisters, alleging that the informant married to the applicant about one and half years ago; all the accused persons used to harass her for demanding dowry due to which reason she committed suicide. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. 5. A copy of the postmortem report has been annexed with the bail application which mentions oblique ligature mark around neck of the dead body with a gap of 3 cm and cause of death has been opined to be Asphyxia due to antemortem hanging. 6. It has been stated in the affidavit that the deceased was suffering from breast cancer due to which she was very depressed and she committed suicide by hanging herself for this reason. 7. Learned A.G.A. as well as the learned counsel for the informant has vehemently opposed the bail application and they have submitted that the deceased had died in the house of the applicant within one and half years of her marriage. 8. Learned A.G.A. has submitted that the charge-sheet has been submitted against the applicant and his parents on 04.02.2025 but the allegations levelled against the sisters of the applicant could not be established during investigation. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the medical documents show that the deceased was suffering from breast cancer; that the only injury mark on the dead body was a ligature mark around her neck and that the applicant has no criminal history; and that he is languishing in jail since 01.12.2024 and the investigation already stands completed, 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- Ram Milan 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 :- 20.3.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench