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2025 DAILYLAW 136285 (ALL)

DEEPAK KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.

BAIL/3573/2025 · 2025-04-29

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:24426 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3573 of 2025 Applicant :- Deepak Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Avinash Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Avinash Kumar Srivastava, learned counsel for the applicant, Shri Ashok Srivastava, 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.213 of 2024 under Sections 103(1) of B.N.S. registered at Police Station- Gosaiganj, District- Ayodhya. 3. Initially, the informant has given an application to the police stating that her daughter had gone away from her home on 24.08.2024 for getting some medicines from P.G.I. and she had told that after taking medicine, she would go to her Bua's place and will return after three days. When she did not come back, the informant made enquiries whereupon she came to know that her daughter had not gone to her Bua's place. She received information on 29.08.2024 that the dead body of her daughter was found from a place near Gosaiganj railway station. Thereafter, an F.I.R. was lodged on 30.08.2024 stating that the informant's daughter aged 20 years had gone away from her home on 21.08.2024 stating that she was going to some relative's place. The informant received a phone call in the morning of 30.08.2024 informing her that her daughter's dead body was lying inside a dilapidated building near Gosaiganj railway station. The informant recognized the caller as the applicant from his voice. She stated that the applicant had enticed away her daughter and he wanted to marry her but as he was already married, the informant was not agreeing for her daughter's marriage with him. She stated that the applicant had killed her daughter. 4. The inquest report mentions that the dead body had decomposed and no injury could be identified. The postmortem examination report mentions that maximum tissues were absent and bones were exposed, the skull was detached from atlas vertibral region. Maggots were present in the entire body and the cause of death could not be ascertained as the body had decomposed. Some samples have been preserved for DNA examination. 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. Learned A.G.A. has vehemently opposed the bail application and on the basis of written instructions, he has submitted that two mobile phones of the deceased and her Aadhar card have been recovered from the applicant. He has submitted that the allegations have been established during investigation and a charge-sheet has been submitted on 19.10.2024. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that in the initial application given by the informant to the police, she had stated that her daughter had gone away from her home on 24.08.2024 for going to her Bua's place whereas in the FIR, she changed her version and stated that her daughter had gone away from her home on 21.08.2024 and she did not specify as to whose place she had gone; the cause of death could not be ascertained as the body had decomposed; although the victim remained missing for a considerable period of time, the informant did not take any measure to know about her since her dead body was found, at this stage there is nothing to even make out that the applicant has killed the informant's daughter and that the applicant has no criminal history and he is languishing in jail since 30.08.2024 whereas the investigation already 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. 8. Accordingly, this bail application stands allowed. 9. Let the applicant- Deepak Kumar 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 :- 29.4.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench