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2025 DAILYLAW 139933 (ALL)

VIMAL v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME U.P. LKO.

BAIL/4135/2025 · 2025-05-14

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:28306 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4135 of 2025 Applicant :- Vimal Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home U.P. Lko. Counsel for Applicant :- Avnish Kumar Tiwari Counsel for Opposite Party :- G.A.,Devendra Pratap Singh,Shashank Shekhar Singh Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Avnish Kumar Tiwari, the learned counsel for the applicant, Sri Anant Pratap Singh, the learned AGA for the State, Sri Devendra Pratap Singh, the learned counsel for the informant and perused the records. 2. Sri Devendra Pratap Singh, Sri Shashank Shekhar Singh and Sri Saad Husain have filed vakalatnama on behalf of the informant and it is written in the vakalatnama that all the aforesaid three learned counsel are not members of the Oudh Bar Association. However, Sri Shashank Shekhar Singh stated that Sri Devendra Pratap Singh is a member of Oudh Bar Association but the welfare coupon of Oudh Bar Association has not been affixed on the vakalatnama. The money paid for purchasing welfare coupon of the Oudh Bar Association is utilized for the welfare of the members of the Oudh Bar Association. 3. It is unfortunate that a learned advocate who got himself enrolled in the year 1999 and who is quite senior has made a wrong declaration n the vakalatnama merely in order to evade payment of welfare contribution to the Oudh Bar Association. This conduct of Sri Devendra Pratap Singh, Advocate cannot be appreciated by the Court and it should be brought to the notice of the Oudh Bar Association so that appropriate steps may be taken for reconsidering entitlement of Sri Devendra Pratap Singh to the benefits and facilities available to the members of Oudh Bar Association. 4. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 65/2025, under Section 108 B.N.S., Police Station Pihani, District Hardoi. 5. The aforesaid case has been registered on the basis of an F.I.R. lodged on 19.02.2025 against nine persons, including the applicant, his father, mother, brother and sisters, stating that the informant had got his daughter aged 25 years married to one Pintu in the year 2019. After about an year, Pintu went away from his home and did not come back. The informant's daughter had married the applicant about two years ago. She was having two months' pregnancy. All the accused persons were harassing her for demanding dowry and the informant's other daughter Khusboo told about the death of her sister. 6. The post mortem examination report mentions a ligature mark around the neck passing obliquely upwards and backwards, with a gap of 3 cm on left side of the neck and the cause of death has been opined to be asphyxia due to ante mortem hanging. 7. 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. 8. The learned AGA as well as the learned counsel for the informant have stated that some independent witnesses have stated that the applicant used to beat the deceased and to harass her. The learned AGA has submitted that the allegations levelled against the applicant have been established during investigation and a charge sheet has been submitted on 29.03.2025. However, the allegations levelled against all other accused persons could not be established during investigation. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that although the informant has alleged that his sister was killed, the post mortem examination report does not support this allegation and it mentions a ligature mark around the neck and the cause of death has been opined to be asphyxia due to ante mortem hanging; that the FIR levels similar allegations against six accused persons and the allegations levelled against all co-accused persons could not be established during investigation and that the applicant has no criminal history, he is languishing in jail since 19.03.2025 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 crime. 10. Accordingly, this bail application stands allowed. 11. Let the applicant-Vimal 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. Order Date :- 14.5.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench