MUKESH KUMAR YADAV @ MUKESH YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO
BAIL/3177/2025 · 2025-04-16
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 134397 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 134397 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:21291 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3177 of 2025 Applicant :- Mukesh Kumar Yadav @ Mukesh Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Tulsi Ram Yadav,Alok Kumar Pathak,Panna Lal Gupta Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Shri Panna Lal Gupta, learned counsel for the applicant, Ms. Nikita Mishra, learned A.G.A. for the State, Shri Firoz Khan, 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.539 of 2024 under Sections 85, 80(2) B.N.S. & Section 3/4 of Dowry Prohibition Act registered at Police Station- Purakalandar, District- Ayodhya. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 02.12.2024 against the applicant and his family members, stating that the accused persons used to harass the informant's daughter for demanding dowry and he got information of his daughter having been killed by the accused persons on 02.12.2024. 4. The inquest proceedings were witnessed by the informant (father of the deceased), the applicant (husband of the deceased) and other co-accused persons and all of them stated that the deceased died due to hanging. 5. The postmortem examination report mentions a ligature mark on the neck of the deceased and the cause of death has been opined to be Asphyxia due to ante-mortem hanging. 6. In the affidavit filed in support of the bail application, it has been stated that the applicant had got married to the deceased on 13.02.2018. Two daughters were born out of the wedlock. The deceased was dissatisfied from the applicant as she wanted that the applicant should not keep her old parents with him, which demand was not came exceeded to by the applicant and for this reason she committed suicide. 7. Learned A.G.A. has vehemently opposed the bail application and on the basis of written instructions, he has submitted that allegations have been established during investigation and a charge-sheet has been submitted on 27.02.2025. The learned trial Court had taken cognizance of the offence on 01.03.2025. 8. The allegations levelled against the other co-accused persons cannot be established during investigation. 9.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the deceased got married to the applicant about 7 years ago and no complaint of any sort was made during this period; although the FIR alleges that all the accused persons had killed the deceased, the only injury suffered by the deceased is a ligature mark and the cause of death has been opined to be Asphyxia due to ante-mortem hanging; that although the F.I.R. levels similar allegations against all the accused persons, the allegations against the co- accused persons could not be established and that the applicant has no criminal history, he is languishing in jail since 03.12.2024 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- Mukesh Kumar Yadav @ Mukesh Yadav 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 :- 16.4.2025 -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