RAMKUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME GOVT. LKO.
BAIL/3089/2025 · 2025-04-11
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 133480 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 133480 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:20583 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3089 of 2025 Applicant :- Ramkumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Govt. Lko. Counsel for Applicant :- Ashish Mishra Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Shri Ashish Mishra, learned counsel for the applicant, Shri Ayush Sharma, the learned State Counsel, Ms. Geetanjali Yadav holding brief of Shri Pramod Kumar Yadav, the learned counsel for the informant and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.21 of 2025 under Sections 80, 85 B.N.S. & 3/4 D.P. Act registered at Police Station- Behtamujwar, District- Unnao. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 28.01.2025 against seven persons, including the applicant and his family members, the informant got his sister married to the applicant's son co-accused Sachin on 05.07.2018; that all the accused persons used to harass her for demanding dowry and they killed her at their residence. The inquest report was witnessed by the informant also and all the witnesses to the inquest proceedings had opined that the deceased committed suicide by hanging. 4. The postmortem examination report mentions a ligature mark around the neck of the dead body and the cause of death has been opined to be Asphyxia due to ante-mortem hanging. 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 learned State Counsel as well as the learned counsel for the informant have vehemently opposed the bail application and stated that the victim died in her matrimonial home in unnatural circumstances. The applicant is father-in-law and he is not entitled to be released on bail. The learned State Counsel states that the investigation is still going on. 7.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the inquest proceedings were conducted in presence of the informant and that time he merely stated that his sister had committed suicide and he did not allege her harassment for demanding dowry; that the postmortem examination report does not reveal any injury, except a ligature mark; that the F.I.R. does not level any specific allegation against the applicant and that the applicant has no criminal history and he is languishing in jail since 08.02.2025, 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. 8. Accordingly, this bail application stands allowed. 9. Let the applicant- Ramkumar 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 :- 11.4.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench