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2025 DAILYLAW 136010 (ALL)

RAM BABU TIWARI v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME GOVT. LKO

BAIL/3438/2025 · 2025-04-24

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:23500 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3438 of 2025 Applicant :- Ram Babu Tiwari Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Govt. Lko Counsel for Applicant :- Srees Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Srees Kumar Srivastava, 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.0367 of 2024, under Sections 80 and 85 B.N.S. and Section 3/4 D.P. Act, registered at Police Station Gangaghat, District Unnao. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 24.08.2024 against the applicant, his wife and two sons, stating that the informant had got his daughter married to the applicant's son, co-accused- Aman Tiwari four years ago. All the accused persons used to harass her for demanding dowry. The applicant's son Aman Tiwari telephonically informed the informant's wife at 4.10 p.m. on 21.08.2024 that his wife had fallen down from stairs. She was taken to Ursala Hospital, Kanpur and the doctor told that she died about an hour ago. 4. The inquest report mentions that there were injury marks on both cheeks, reddish on the neck and injury mark on left elbow. The face and palm had turned blueish. 5. The postmortem examination report mentions abraded contusions over lateral part of left elbow joint and medial part of left elbow joint, over base of right index finger, over medial side of left knee joint and over right angle of mandible. 6. 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. It has been further stated that the applicant's wife co-accused Pushpa Tiwari has already been enlarged on bail by this Court by means of an order dated 09.04.2025 passed in Criminal Misc. Bail Application No. 2976 of 2025. 7. Having considered the aforesaid facts and circumstances of the case, I am of the view that the applicant is also entitled to be released on bail. 8. Accordingly, this bail application stands allowed. 9. Let the applicant- Ram Babu Tiwari 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 :- 24.4.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench