Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 131548 (ALL)

ARVIND YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/2762/2025 · 2025-04-02

Subhash Vidyarthi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:18395 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2762 of 2025 Applicant :- Arvind Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Rahul Singh Rana Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Rahul Singh Rana, learned counsel for the applicant, Ms. Shikha Sinha, 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.345 of 2024, under Sections 85, 80(2) B.N.S. & 3/4 D.P. Act registered at Police Station- Dalmau, District- Raebareli. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 24.11.2024 against the applicant, his parents and Bua, stating that the informant had got his daughter married to the applicant on 21.04.2024. All the accused persons used to harass her for demanding dowry and they killed her by hanging her on 24.11.2024. The postmortem examination report mentions a ligature mark around neck of the dead body with a gap of 4 cm and the cause of death has been opined to be Asphyxia due to antemortem hanging. 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. The applicant's mother and father i.e. co-accused Asha Devi and Rajaram have already been granted bail in the present case by two Co-ordinate Bench of this Court and copies of their bail orders have been annexed with the bail application. 6. Learned A.G.A. has vehemently opposed the bail application and on the basis of written instructions, she has submitted that after investigation, charges have been established against the applicant and his parents on 23.12.2024. The allegations levelled against applicant's Bua could not be established during investigation. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the allegation of murder levelled in the FIR is not supported by the findings of postmortem examination report; that the postmortem examination report does not disclose any sign of use of force; that the FIR level similar allegations against all the accused persons, one of whom has been exonerated and the other two have been granted bail, I am of the view that the applicant is also entitled to be released on bail in the aforesaid crime. 8. Accordingly, this bail application stands allowed. 9. Let the applicant- Arvind Yadav 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