PRAKASH RAWAT v. STATE OF U.P. THRU. PRINCIPAL SECY. HOME DEPTT. LKO.
BAIL/2593/2025 · 2025-09-25
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 130328 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 130328 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 2593 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.293 of 2024, under Sections 80, 85 BNS and Sections 3/4 of Dowry Prohibition Act, P.S. Hasanganj, District Unnao. 3. In the prosecution case it is alleged that daughter of the informant was marreid with the applicant four years ago. At about 5:00 o'clock she was informed that her daughter has been hanged by the applicant on 29.11.2024. Applicant was demanding Rs.5,00,000/- dowry. 4. Learned counsel for the applicant submits that cause of death is asphyxia as a result of ante mortem hanging, there is no other ante mortem injury on the body of the deceased. Victim was married four years ago with the applicant. Applicant has been falsely implicated. P.W.1 has been examined before the learned trial court who has been declared hostile, statement is on record along with supplementary affidavit. It is submitted that applicant has no criminal history. He submits that the applicant is in jail since 01.12.2024. 5. Learned A.G.A. has opposed the bail prayer. 6. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 01.12.2024 having no criminal history, complainant has been examined before the trial court who has turned hostile and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail. Versus Counsel for Applicant(s) : Rajiva Dubey, Ram Bux Rawat Counsel for Opposite Party(s) : G.A. Prakash Rawat .....Applicant(s) State Of U.P. Thru. Principal Secy. Home Deptt. Lko. .....Opposite Party(s)
7. Accordingly, the bail application is allowed. 8. Let the applicant Prakash Rawat be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions: (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 under Section 229-A of the Indian Panel Code (now Section 269 of BNS). (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now Section 84 BNSS) 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 174-A of the Indian Panel Code (now Section 209 BNS). September 25, 2025 Saurabh Yadav/- BAIL No. 2593 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench