PRABHUDAYAL v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
BAIL/4241/2025 · 2025-05-16
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 140046 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 140046 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:28935 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4241 of 2025 Applicant :- Prabhudayal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Abhisar Dev Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Abhisar Dev, learned counsel for the applicant, Sri Abhishek Kumar Singh, learned State Counsel and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 229 of 2024 under Sections 80(2), 85 B.N.S. and Section 3/4 of Dowry Prohibition Act, registered at Police Station- Rampur Kalan District- Sitapur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged 24.09.2024 against six persons, including the applicant, stating that the informant had got his daughter married to the applicant's son-co-accused Sonu Gupta about two years ago; all the accused persons used to harass her for demanding dowry, the informant's daughter was pregnant and her husband Sonu Gupta telephonically informed the informant at about 7 PM on 23.09.2024 that she was seriously ill and she was taken to Governemnt Hospital, Biswa where she died. 4. The inquest report records opinion of witnesses that the victim died as she had fallen ill and suffering from fever during pregnancy. 5. The post mortem examination report of the victim mentions no mark of injury or sign of use of force and the cause of death has been opined to be shock. 6. The viscera examination report mentions that no poison was found in the samples taken from the dead body. 7. In the affidavit filed in support of the bail application, it has been stated that the applicant is an innocent person, he has been falsely implicated in the present case and he has no criminal history. 8. The learned State Counsel has opposed the bail application
and he has submitted that the allegations have been established during investigation and a copy of the charge-sheet has been submitted on 28.03.2025 against the applicant and his son Sonu Gupta. The allegations levelled against 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 statements of witnesses recorded during inquest proceedings and findings of the post mortem examination, coupled with the fact that the applicant is a 55 years old person having no criminal history and is languishing in jail since23.02.2025 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- Prabhudayal 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 :- 16.5.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench