RAJ BAHADUR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
BAIL/2696/2025 · 2025-04-02
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 131202 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 131202 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:18188 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2696 of 2025 Applicant :- Raj Bahadur Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Sushil Pandey,Akhil Anand Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Shri Sushil Pandey, learned counsel for the applicant, Shri Alok Kumar Tiwari, 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.365 of 2024, under Sections 108 B.N.S. registered at Police Station- Mishrikh, District- Sitapur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 05.12.2024 against the applicant, his father, mother and brother, stating that the informant had got his daughter married to the applicant on 30.11.2022; that all the accused persons used to harass her for demanding dowry and they killed her on 05.12.2024. The postmortem examination report mentions a ligature mark around neck of the dead body and the cause of death has been opined to be Asphyxia due to antemortem hanging. 4. In the statement of the informant recorded under Section 180 B.N.S.S., he reiterated the F.I.R. version. However, he could not tell any particulars about the marriage ceremony of his daughter in response to numerous questions asked by the Investigating Officer and, thereafter, the informant stated that his elder daughter had married the applicant's elder brother Vikas out of
her own free will. Some dispute had developed between the informant's elder daughter and her husband- co-accused Vikas due to which his daughter was residing with him for the past one year and a litigation in this regard is pending in the court. His younger daughter had gone away to the house of his elder daughter in the year 2022 and she had started living with the applicant as his wife. The informant had no communication with the deceased since then. He had gone only after getting information about the death of his younger daughter and he suspected that she had been killed. 5. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 19 years having no criminal history and he has been falsely implicated in the present case. 6.
Learned A.G.A. has opposed the bail application and on the basis of written instructions, he has submitted that during investigation, commission of offence under Section 108 B.N.S. has been established against the applicant and a charge-sheet has been submitted against him for the aforesaid offence. However, the allegations levelled against the three co-accused persons could not be established and they have been exonerated. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the informant had himself stated that he had no communication with the deceased since the year 2022 and he has lodged the F.I.R. merely on the basis of suspicion, I am of the view that the applicant is entitled to be released on bail in the aforesaid crime. 8. Accordingly, this bail application stands allowed. 9. Let the applicant- Raj Bahadur be released on bail in the aforementioned 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 :- 2.4.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench