SUBHASH v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME U.P. LKO.
BAIL/2456/2025 · 2025-03-24
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 129548 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 129548 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:16658 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2456 of 2025 Applicant :- Subhash Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. Counsel for Applicant :- Firoz Ahmad Khan Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Firoz Ahmad Khan, learned counsel for the applicant as well as Sri Ashok Srivastava, learned A.G.A. 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. 278 of 2024, under Sections 80(2), 85 of the B.N.S. and Section 3/4 of Dowry Prohibition Act, registered at Police Station- Taroon, District- Ayodhya. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 05.10.2024 against the applicant, his father and his mother, stating that the informant had got his daughter married to the applicant on 21.10.2024; that all the accused persons used to harass his daughter for demanding dowry; that the applicant had left the informant at the informant's home about a week ago and she committed suicide by hanging herself at about 05.00 PM on 04.10.2024. 4. In the affidavit filed in support of 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 inquest report has been brought on record
along with the supplementary affidavit, from which it appears that the informant himself had given the information of death of his daughter to the police, wherein he had stated that his daughter had hanged herself due to reasons, which were not known to the informant. In
6. In the post mortem examination report, a ligature mark has been reported around neck of the dead body and cause of death has been opined to be asphyxia due to ante mortem hanging. 7. Another supplementary affidavit has been filed annexing therewith copies of orders granting bail to the co-accused persons - Ajay Kumar and Prabha Devi, who are father and mother of the applicant respectively. The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter. 8. Learned A.G.A. has vehemently opposed the prayer of bail of the applicant.
He has submitted that the deceased has died within one year of her marriage and the investigation is still going on. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant's wife committed suicide while she was staying in the house of her father for the past one week; two co-accused persons have been granted bail and that applicant is languishing in jail since 07.10.2024 and has no previous criminal history and without making any observation, which may affect the merits of the case, 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- Subhash be released on bail in the aforesaid 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 :- 24.3.2025 Gurpreet Singh Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad, Lucknow Bench