ANKIT TRIPATHI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
BAIL/3083/2025 · 2025-04-11
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 133126 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 133126 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:20548 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3083 of 2025 Applicant :- Ankit Tripathi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Sarvesh Kumar Pandey,Animesh Mishra Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Sarvesh Kumar Pandey, learned counsel for the applicant, Sri Ravi Srivastava, learned Additional Government Advocate 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. 0346 of 2024, under Sections 85, 80 (2) B.N.S. and Section 3/4 of Dowry Prohibition Act, registered at Police Station Shivgarh, District Raebareli. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 30.10.2024 against the applicant, his mother and elder brother stating that the informant had got his daughter married to the applicant on 14.05.2021; that all the accused persons used to harass her for demanding dowry and that they forcibly administered poison to her causing her death on
06.09.2024. 4. The postmortem examination report mentions no mark of injury on the dead body and the cause of death could not be ascertained. The viscera has been preserved for examination. 5. Some independent witnesses have told the Investigating Officer that earlier the applicant was in a private job but the job
was lost and for this reason the applicant used to stay at his home. His financial conditions deteriorated due to which the deceased was mentally depressed and she consumed poison. The applicant himself had taken the deceased to hospital when her family members had reached there. The victim herself had told that she was mentally disturbed and she had herself consumed insecticide in anger. No one had forcibly made her consume anything. 6. 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. 7. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail and he has submitted that the allegations have been established during investigation and a charge sheet has been submitted on
15.02.2025. 8.
Having considered the aforesaid facts and circumstances of the case and keeping in view the statements of independent witnesses coupled with the fact that the applicant has no previous criminal history and he is languishing in jail since 13.02.2025 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. 9. Accordingly, this bail application stands allowed. 10. Let the applicant-Ankit Tripathi 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 :- 11.4.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench