INDRESH v. STATE OF U.P. THRU. SECY. DEPTT. HOME LKO.
BAIL/2529/2025 · 2025-03-25
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 129754 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 129754 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:17227 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2529 of 2025 Applicant :- Indresh Opposite Party :- State Of U.P. Thru. Secy. Deptt. Home Lko. Counsel for Applicant :- Dinesh Kr. Chaudhary Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Dinesh Kr. Chaudhary, learned counsel for the applicant as well as Sri Arvind Kumar Pandey, 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. 305 of 2024, under Sections 85, 80(2) of BNS and Section 3/4 of Dowry Prohibition Act, registered at Police Station- Kotwali Nagar, District- Balrampur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 05.11.2024 against the applicant, his mother and brother stating that the informant had got his daughter married to the applicant in June, 2020; that all the accused persons used to harass her for demanding dowry. The informant had gone to the matrimonial house of his daughter at about 09.00 AM on 01.11.2024, but she was not there. He stated that he believed that her daughter had committed suicide by jumping in river Rapti due to harassment by the accused persons. Her dead body was found floating in the river on
04.11.2024. 4. The witnesses stated during inquest proceedings that the victim had died because of drowning. In the post mortem examination report also, the cause of death was opined to be
drowning. The body was recovered on 04.11.2024 and it was opined that death took place about three days ago. During investigation, one Akhilesh Kumar Singh stated that he had seen a lady standing on the bridge and she jumped into the river. He stated that he does not know swimming and therefore, he could not save her. He raised hue and cry, but no person came there, who could have saved her. The woman drowned. 5. 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. 6. During investigation, the name of applicant's brother co- accused Sandeep Kumar has been exonerated and charge sheet has been submitted against the applicant and his mother- Shyam Kumari.
Shyam Kumari has been granted bail by means of an
order dated 20.02.2025 passed by this Court in Criminal Misc. Bail Application No. 1516 of 2025.
7. The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.
8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the FIR levels general allegations against three co-accused persons one of whom has been exonerated and the other one has been granted bail; that the applicant has no previous criminal history and he is languishing in jail since 04.12.2024 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 on the ground of parity.
9. Accordingly, this bail application stands allowed.
10. Let the applicant- Indresh 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 :- 25.3.2025 Gurpreet Singh Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad, Lucknow Bench