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2025 DAILYLAW 131670 (ALL)

RAM NARESH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/2805/2025 · 2025-04-03

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:18520 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2805 of 2025 Applicant :- Ram Naresh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Abhisar Dev Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Abhisar Dev, learned counsel for the applicant, Sri Abhishek Kumar Singh, the learned counsel 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. 268 of 2024, under Sections 80(2), 85 B.N.S. and Section 3/4 of Dowry Prohibition Act, registered at Police Station Ataria, District Sitapur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 26.09.2024 against the applicant's son Mithun and other family members stating that the informant had got her daughter married to the applicant's son Mithun about three years ago. Mithun used to harass the informant's daughter and all the accused persons used to harass her for demanding dowry due to which she died. The applicant's son Mithun had given information of death of his wife to the police on 25.09.2024 at 21.39 Hrs. and the inquest proceedings were witnessed by the informant and her son also. All the witnesses present during inquest proceedings stated that the deceased had died due to illness. The postmortem examination report mentions that both the lungs were congested and on cutting multiple pus pockets were found in the lungs. The cause of death has been opined to be shock. 4. In the affidavit filed in support of bail application it has been stated that the applicant is a 65 years old innocent person, he has been falsely implicated in the present case and he has no criminal history. 5. The learned A.G.A. has opposed the prayer for bail and he has submitted that the investigation of the case is still pending. 6. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is father in law of the deceased; that no specific allegation has been levelled against the applicant; that the information of death was given to the police by the husband of the deceased and during inquest proceedings the informant herself stated that her daughter died due to illness; that the postmortem examination report reveals pus pockets in the lungs of the deceased and the cause of death has been opined to be shock; that the applicant is a 65 years old man having no previous criminal history and he is languishing in jail since 26.02.2025 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. 7. Accordingly, this bail application stands allowed. 8. Let the applicant-Ram Naresh 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, unless his appearance is exempted by the learned trial court. (Subhash Vidyarthi, J.) Order Date :- 3.4.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench