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2025 DAILYLAW 131701 (ALL)

SUNIL VERMA @ SUNIL KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO.

BAIL/2806/2025 · 2025-04-03

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:18526 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2806 of 2025 Applicant :- Sunil Verma @ Sunil Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. Counsel for Applicant :- Ashok Kumar Maurya,Priyanshi Maurya,Rekha Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Ashok Kumar Maurya, learned counsel for the applicant, Shri Abhishek Kumar Singh, learned State Counsel, Shri Rakesh Kumar Singh, Advocate, who has filed vakalatnama on behalf of the informant, which is taken on record and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.348 of 2024, under Sections 80, 85, 352, 351(3) B.N.S. & 3/4 D. P. Act registered at Police Station- Lalganj, District- Pratapgarh. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 26.08.2024 against the applicant, his father, mother, elder brother, elder brother's wife and Mausi, stating that the informant's sister got married to the applicant on 02.03.2024; all the accused persons used to harass her for demanding dowry. The informant's sister used to complain about it but the informant somehow persuaded her. On 25.08.2024, all the accused persons beaten the informant's sister. A copy of the inquest report annexed with the bail application shows that information of death was given to the police by the informant himself and he had witnessed the inquest proceedings, during which he merely stated that the deceased had died due to hanging. The postmortem examination report mentions a ligature mark around neck of the deceased with a gap of 5 cm and the cause of death has been opined to be Asphyxia due to antemortem hanging. 4. In the statement of the informant, his brothers and bhabhis recorded by the Investigating Officer, they reiterated the FIR version. 5. 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. 6. The applicant's father Jagadish Prasad Patel and his mother Basanta Devi have been granted bail in the present case and copies of their bail orders have been annexed as Annexure No.6 to the bail application. 7. Learned Stated has opposed the bail application and on the basis of written instructions, he has submitted that charges against the applicant and his parents have been established during investigation and a charge-sheet has been submitted on 20.10.2024. The involvement of the other co-accused persons could not be established during investigation. 8. Learned counsel for the informant has also opposed the bail application and he has submitted that the victim died in the house of the applicant within six months of her marriage. He submitted that the offence is heinous in nature and his is not entitled to be released on bail. He further submitted that the the applicant being husband of the deceased cannot seek parity from other co-accused persons who are father-in-law and mother-in-law of the deceased. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the FIR alleges that the victim was beaten up and hanged, which allegation is not supported by the findings of the medico-legal examination report and this allegation was not levelled at the time of inquest proceedings which was witnessed by the informant himself; that the FIR levels similar allegations against the co-accused persons and the allegation against three co-accused persons could not be established and the other co-accused persons have already been granted bail and that the applicant is a young man having no criminal history and he is languishing in jail since28.08.2024 whereas the investigation stands concluded, 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. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Sunil Verma @ Sunil Kumar 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 :- 3.4.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench