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2025 DAILYLAW 135207 (ALL)

SHAILENDER KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

BAIL/3364/2025 · 2025-04-22

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:22646 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3364 of 2025 Applicant :- Shailender Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Janendra Kumar Verma Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Janendra Kumar Verma, learned counsel for the applicant as well as Sri Arvind Kumar Pandey, the 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. 26 of 2025, under Sections 80, 85 of B.N.S. & Section 3/4 D.P. Act, registered at Police Station- Talgaon, District- Sitapur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 24.01.2025 against the applicant, his mother- Geeta Devi and his father Nand Kishore, stating that the informant had got his daughter married to the applicant about five years ago; that all the accused persons used to harass her for demanding dowry and they killed her on 23.01.2025. 4. The post mortem examination report mentions a ligature mark around the neck of the dead body, with a gap of 5.5 cm and the cause of death has been opined to be asphyxia due to ante mortem hanging. 5. In the affidavit filed in support of bail application it has been stated that the applicant is an innocent person, he has been falsely implicated in the present case and he has no criminal history. 6. The applicant's mother-co-accused Geeta Devi has been granted anticipatory bail by means of an order dated 05.03.2025 passed by a Coordinate Bench of this Court in Criminal Misc. Anticipatory Bail Application U/S 482 BNSS No.- 212 of 2025. It has also been submitted that the co-accused Nand Kishor has been granted bail by this court by means of an order dated 24.03.2025, passed in Criminal Misc. Bail Application No.2463 of 2025. 7. The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the F.I.R. levels similar allegations against all the accused persons and both the other co-accused persons have already been granted anticipatory bail/bail; that the applicant has no previous criminal history and he is languishing in jail since 28.01.2025 and the investigation stands already 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-Shailender 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 :- 22.4.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench