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2025 DAILYLAW 130544 (ALL)

ALOK KUMAR v. STATE OF U.P. THRU. PRIN. HOME DEPTT. LKO.

BAIL/2620/2025 · 2025-03-27

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:18035 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2620 of 2025 Applicant :- Alok Kumar Opposite Party :- State Of U.P. Thru. Prin. Home Deptt. Lko. Counsel for Applicant :- Brijesh Kumar Yadav,Archana Yadav Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Brijesh Kumar Yadav, learned counsel for the applicant, Sri Akhilesh Kumar Vyas, learned A.G.A.-I and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 65 of 2024, under Sections 85, 80(2), 115,(2), 352, 351(2)(3)B.N.S. and Section 3/4 of Dowry Prohibition Act, registered at Police Station- Mahila Thana, District- Sitapur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 05.08.2024 against the applicant, his brother and mother by the applicant's wife stating that she got married to the applicant about four years ago, she had delivered a son, who is aged one and half years old. The informant was six months' pregnant at the time of lodging the FIR. All the accused persons used to harass her by demanding dowry and the accused persons had sent her with her father but did not send her son with her. A complaint to this effect was given by the complainant on 27.07.2024 and the FIR was lodged on the basis that this complaint on 05.08.2024 after the death of the informant. The inquest proceedings were witnessed by the witnesses present at the time of inquest proceedings, who stated that the deceased died due to the injuries and spread of infection after miscarriage. The post-mortem examination report mentions the cause of death to be septicemic shock due to septicimia as a result of uterune infection. Post-mortem examination report does not make a mention of any ante- mortem injuries. 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 and he is languishing in jail since 22.08.2024. 5. It is further stated that the co-accused persons have been granted bail and the bail orders of the co-accused have been annexed as Annexure No. 8 to the bail application. 6. The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the FIR levels similar allegations against all the three accused persons; two accused persons have already been granted bail and the post-mortem examination report does not mention any injury on the dead body of the deceased; that the cause of death has been opined to be septicemic shock due to septicimia as a result of uterune infection; that the applicant has no previous criminal history and he is languishing in jail since 22.08.2024 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. 8. Accordingly, this bail application stands allowed. 9. Let the applicant- 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 :- 27.3.2025 (Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench