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2025 DAILYLAW 130575 (ALL)

SHUBHAM TIWARI v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.

BAIL/2621/2025 · 2025-03-27

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:18083 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2621 of 2025 Applicant :- Shubham Tiwari Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Ashok Kumar Singh,Ashish Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard 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. 202 of 2024, under Sections 80(2), 85 of B.N.S. and Section 3/4 of Dowry Prohibition Act, registered at Police Station- Itaunja, District- Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 11.12.2024 against the applicant, his father, mother and younger brother stating that the informant had got his daughter married to the applicant on 27.02.2023. All the accused persons used to harass her for demanding dowry. She had been turned out of her matrimonial home on 11.06.2023 and since then she was residing with the informant. The informant's daughter delivered a baby girl at the Government Hospital, Itaunja on 01.03.2024 but none of the accused persons visited her. The informant's daughter had filed a suit for maintenance and mediation proceedings were going on. she was disturbed and was not even having food properly and she committed suicide by hanging herself on 04.12.2024. 4. 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. 5. All the other co-accused persons have been granted anticipatory bail by this Court. 6. The learned A.G.A. has vehemently opposed the prayer for bail by submitting that the allegations have been established during investigation and a charge-sheet has been submitted against all the accused persons. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the victim was not residing in the applicant's house since 11.06.2024 and and she committed suicide in the informant's house on 04.12.2024 and that all the other accused persons have been granted anticipatory bail; that the applicant has no previous criminal history and he is languishing in jail since 15.01.2025 whereas the investigation has already stands concluded 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- Shubham Tiwari 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