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2025 DAILYLAW 132968 (ALL)

SARVAN @ SHRAWAN KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/2981/2025 · 2025-04-09

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:19931 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2981 of 2025 Applicant :- Sarvan @ Shrawan Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Rajat Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Rajat Pratap Singh, learned counsel for the applicant, Sri Mohd. Asif Khan, learned Additional Government Advocate-I 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. 0003 of 2025, under Sections 80(2), 85 B.N.S. and Section 3/4 of Dowry Prohibition Act, registered at Police Station Mallawan, District Hardoi. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 02.01.2025 against the applicant, his father, mother and bua stating that the informant had got his sister married to the applicant on 02.07.2021. All the accused persons used to harass her for demanding dowry and on 02.01.2025 the applicant's sister co-accused Meena informed through telephone that something had happened to the informant's sister. Upon going to her matrimonial home the informant found his sister dead. The postmortem examination report mentions an oblique ligature mark around the neck with a gap of 3 cm. and the cause of death has been opined to be asphyxia due to ante mortem hanging. The informant has reiterated the F.I.R. version in his statement recorded under Section 180 BNSS. 4. In the affidavit filed in support of 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. It has also been submitted on behalf of the applicant that the applicant's mother Jai Devi @ Bitoli has been granted interim anticipatory bail by this court by means of an order dated 04.03.2025, passed by this Court in Anticipatory Bail Application No.183 of 2025 and his father Munna @ Munilal has been granted bail by this court by means of an order dated 05.03.2025, passed by this court in Criminal Misc. Bail Application No.1981 of 2025. 5. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail and on the basis of instructions received he has submitted that the allegations against the applicant have been established during investigation and a charge sheet has been submitted against the applicant, his father and mother on 28.03.2025. However, the other two co-accused persons have been exonerated. 6. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant has no previous criminal history and he is languishing in jail since 02.01.2025 and the investigation already stands concluded 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-Sarvan @ Shrawan Kumar 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 :- 9.4.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench