INDRA KUMAR v. STATE OF U.P. HRU. PRIN. SECY. HOME LKO.
BAIL/2295/2025 · 2025-03-20
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 128998 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 128998 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:16418 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2295 of 2025 Applicant :- Indra Kumar Opposite Party :- State Of U.P. Hru. Prin. Secy. Home Lko. Counsel for Applicant :- O.P. Tiwari,Ankit Pandey Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri O.P. Tiwari, learned counsel for the applicant and Sri Pranesh Sinha, the learned A.G.A.
2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 241 of 2024, under Sections 85, 80(2), B.N.S.S. & 3/4 D.P. Act, Police Station Purwa, District Unnao. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 17.09.2024 against the applicant and his mother Shiv Devi stating that the informant had got his daughter Aarti married to the applicant on 06.03.2024; that both the accused persons used to harass her for demanding dowry and they killed her in the intervening night of 16/17.09.2024 and hanged her. 4. The inquest-report mentions that the dead-body was hanging from the ceiling of the applicant's house. The site-plan shows the place of hanging inside the a bedroom. It is mentioned in the inquest-report that no visible mark of injury was seen on the dead-body. The postmortem examination report mentions a solitary injury, which is a ligature mark around neck which was intercepted by 5 cm. and cause of death has been opined to be asphyxia due to antemortem hanging. 5. In the statement recorded under Section 180 B.N.S.S. the informant stated that the accused persons were demanding a motorcycle, a gold chain and Rs. 50,000.00. 6. 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 and he is languishing in jail since 07.03.2024. It has been further stated in the affidavit that the co-accused Shiv Devi has already been granted bail by means of order dated 07.01.2025 passed by this court in Criminal Misc. Bail Application No. 13349 of 2024. 7.
Having considered the aforesaid facts and circumstances of
the case and keeping in view the fact that although the informant has alleged that her daughter was killed and hanged, the postmortem examination report mentions that she died due to asphyxia due to antemortem hanging; there was no other mark of injury on the body of the deceased and that the co- accused Shiv Devi has already been granted bail by this court, coupled with the fact that the applicant has no criminal history and he is languishing in jail since 07.03.2024, 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. 8. Accordingly, this bail application stands allowed. 9. Let the applicant- Indra 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 :- 20.3.2025 A.Nigam Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench