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2025 DAILYLAW 137729 (ALL)

VINOD v. STATE OF U.P. THRU. ITS ADDL. CHIEF SECY. HOME DEPTT. OF HOME LKO.

BAIL/3690/2025 · 2025-05-01

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:25034 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3690 of 2025 Applicant :- Vinod Opposite Party :- State Of U.P. Thru. Its Addl. Chief Secy. Home Deptt. Of Home Lko. Counsel for Applicant :- Ankit Tripathi Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Ankit Tripathi, learned counsel for the applicant, Sri Satyendra 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. 0355 of 2024, under Sections 80(2) & 85 B.N.S. and Section 3 & 4 of Dowry Prohibition Act, registered at Police Station Mishrik, District Sitapur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 30.11.2024 against the applicant, his father, mother, brother and sister stating that the informant had got his daughter married to the applicant three years ago; that all the accused persons used to harass her for demanding dowry and the applicant telephonically informed the informant at about 2.30 p.m. on 29.11.2024 that his daughter had hanged herself. 4. The postmortem examination report mentions an oblique ligature mark around the neck of dead body with a gap of 27.5cmX2.5cm present on around the neck above thyroid cartilage in front of neck passing obliquely upwards and backwards 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 innocent, he has been falsely implicated in the present case and he has no criminal history. As per the averments made in the bail application, allegations levelled against the applicant's brother and sister could not be established and a charge sheet has been submitted against the applicant and his parents only on 13.01.2025. 6. The applicant's mother Brajrani and father Braj Kishore have already been enlarged on bail by this court by means of orders dated 10.02.2025, passed in Criminal Misc. Bail Application No.1226 of 2025 and 1231 of 2025 respectively. 7. The learned Additional Government Advocate appearing on behalf of the State 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 the five accused persons, the allegations levelled against two accused persons could not be established and both the other co-accused persons have already been enlarged on bail by this court; that the applicant has no previous criminal history and he is languishing in jail since 01.12.2024 and the investigation already stands 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-Vinod 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 :- 1.5.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench