JAGJEEVAN v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO.
BAIL/4015/2025 · 2025-05-09
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 139373 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 139373 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:27234 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4015 of 2025 Applicant :- Jagjeevan Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. Counsel for Applicant :- Kaushal Kishore Tewari,Shakti Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Shri Kaushal Kishore Tewari, learned counsel for the applicant, Shri Anurag Verma, learned A.G.A.-I 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.40 of 2025 under Sections 85, 80(2) of B.N.S. & Section 3/4 of D.P. Act registered at Police Station- Paduwa, District- Lakhimpur Kheri. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 24.01.2025 against the applicant, his father and sister, stating that the informant got his daughter married to the applicant on 23.04.2024; all the accused persons used to harass her for demanding dowry and had beaten her on numerous occasions but the informant and his relatives had made her enter into settlement every time. On 22.01.2025, he got information about death of his daughter. 4. The inquest report mentions a light injury on the back and an injury mark on the neck. 5. The postmortem examination report mentions a ligature mark on upper part of neck running obliquely upwards, interrupted by 02 cm. The cause of death has been opined to be Asphyxia due to ante-mortem hanging. It is specifically mentioned in the postmortem report that the other injuries mentioned in the police papers was not found over the body. 6. After investigation, the Investigating Officer has submitted a charge-sheet on 07.03.2025 against the applicant and his father only and the allegations against the applicant's sister could not be established. 7. The applicant's mother co-accused Ram Guni has already been granted bail by means of an order dated 3519 of 2025 passed by this Court in Crl. Misc. Bail Application No.3519 of
2025. 8. 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. 7. Learned AGA-I has vehemently opposed the bail application and he has submitted that the victim died in her matrimonial home within nine months of her marriage in an unnatural circumstances.
The applicant is her husband and his complicity in the offence is established during investigation and he should not be released on bail. 10. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the postmortem report mentions a ligature mark around the neck and the cause of death has been opined to be Asphyxia due to antemortem hanging; although the inquest report mentions another light injury on the back, the postmortem report specifically mentions that the injuries mentioned in the police papers was not found over the body; the FIR levels similar allegations against all the accused persons and the allegations against the applicant's sister could not be established and his mother has already been granted bail coupled with the fact that the applicant has having no criminal history and he is languishing in jail since 24.01.2025 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 case. 11. Accordingly, this bail application stands allowed. 12. Let the applicant- Jagjeevan 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 :- 9.5.2025/-Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench