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2025 DAILYLAW 136735 (ALL)

BABU LAL v. STATE OF U.P. THRU. PRPIN. SECY. HOME LKO.

BAIL/3566/2025 · 2025-04-29

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:24264 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3566 of 2025 Applicant :- Babu Lal Opposite Party :- State Of U.P. Thru. Prpin. Secy. Home Lko. Counsel for Applicant :- Ramakar Shukla Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Ramakar Shukla, learned counsel for the applicant as well as Sri Anshuman Verma, 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. 034 of 2025, under Sections 80(2) and 85 B.N.S. and Section 3/4 D.P. Act, registered at Police Station Nagram, District Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 10.02.2025 against the applicant, his wife and son, stating that the informant had got his niece married to the applicant's son/co-accused- Sandeep about 10 months ago. The applicant's son works at Bikaner in Rajasthan. All the accused used to harass her for demanding dowry and on exhortation of co-accused- Sandeep, the applicant and his wife had killed the informant's niece at about 4 p.m. on 09.02.2025. 4. The postmortem examination report mentions a ligature mark around neck of the dead-body and the cause of death has been opined to be asphyxia due to antemortem hanging. 5. In the affidavit filed in support of the bail application, it has been stated that the applicant is the father-in-law having no criminal history, and he has been falsely implicated in the present case. 6. In response to a specific question, the informant stated that the accused persons had never made any demand of dowry from him. 7. A co-accused Saroj Kumari has already been granted bail by means of an order dated 22.04.2025 passed by this Court in Crl. Misc. Bail Application No.3386 of 2025. 8. The learned Additional Government Advocate has opposed the bail application and submitted that the allegations have been established during investigation and a charge-sheet has been submitted on 24.03.2024 against all the accused persons. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the postmortem examination report mentions no mark of injury except a ligature mark and cause of death has been opined to be asphyxia due to antemortem hanging; the informant has stated that the accused persons had not made any demand of dowry at any point of time; the applicant is the father-in-law having no criminal history and he is languishing in jail since 12.02.2025 and a co- accused Saroj Kumari has already been granted bail whereas the investigation already stands concluded, I am of the view that the applicant is entitled to be released on bail. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Babu Lal 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 her appearance is exempted by the learned 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