ROHIT KUMAR v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME LKO.
BAIL/2841/2025 · 2025-04-04
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 131806 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 131806 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:18808 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2841 of 2025 Applicant :- Rohit Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. Counsel for Applicant :- Arvind Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Shri Arvind Kumar Tiwari, learned counsel for the applicant, Shri Ravi Srivastava, 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.211 of 2024, under Section 108 B.N.S. registered at Police Station- Malhipur, District- Shrawasti. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 26.10.2024 against the applicant, his father, mother and brother, stating that the informant had got his daughter married to the applicant about five years ago; all the accused persons used to harass her for demanding dowry and they hanged her. The postmortem examination report mentions a ligature mark around neck of the dead body with a gap of 8 cm and no other injury was found on the body. The cause of death has been opined to be Asphyxia due to antemortem hanging
4. During investigation, it transpired that the deceased used to talk to one Nand Kumar Verma through phone and it transpired that she was in an illicit relationship with the aforesaid person. 5. After investigation, a charge-sheet was submitted against the
applicant and Nand Kumar Verma only and all the other persons have been exonerated. 6. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man having no criminal history and he has been falsely implicated in the present case. 7. Learned A.G.A. has opposed the bail application and he has submitted that the allegations have been established during investigation and the charge-sheet has been submitted on
03.02.2025. 8.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the F.I.R. alleges that all the accused persons had killed the victim whereas no mark of injury except for a ligature mark, was found on the dead body and the cause of death has been opined to be Asphyxia due to antemortem hanging; that some independent witness has stated that the deceased committed suicide because she was having an illicit relationship with the other co-accused person and that the applicant is a young man having no criminal history and he is languishing in jail since 18.12.2024 whereas the investigation already 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. 9. Accordingly, this bail application stands allowed. 10. Let the applicant- Rohit 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 :- 4.4.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench