ANKUL v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. U.P. LKO.
BAIL/4209/2025 · 2025-05-16
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 140374 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 140374 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:28846 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4209 of 2025 Applicant :- Ankul Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. Counsel for Applicant :- Neeraj Sahu Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Neeraj Sahu, learned counsel for the applicant, Sri Arvind Kumar Pandey, 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.0504 of 2024, under Sections 80(2), 85 B.N.S. and Section 3/4 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Beniganj, District Hardoi. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 10.10.2024 against the applicant, his father, mother, two brothers and a sister stating that the informant had got his daughter married to the applicant two years ago; that all the accused persons used to harass her for demanding dowry and they killed her in the night of 09.10.2024. 4. The postmortem examination report mentions an oblique ligature mark around the neck passing obliquely upward and backward with a gap of 3cm on right side of neck and the cause of death has been opined to be asphyxia due to ante mortem hanging. 5. After investigation a charge sheet has been submitted on
25.10.2024 against the applicant and his parents only and the allegations levelled against other co-accused persons could not be established. The applicant's mother Premvati and father Pyare Lal have been granted bail by this court by means of orders dated 20.02.2025 and 28.02.2025, passed by coordinate Bench of this court in Criminal Misc. Bail Application Nos.1506 of 2025 and 1717 of 2025 respectively. 6. 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. 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. allegation that the accused persons had killed the deceased is not supported by the findings of medico legal examination report; that the F.I.R. levels similar allegations against six accused persons and the allegations levelled against three co-accused persons could not be established during investigation and both the other co-accused persons have already been granted bail by this court; that the applicant has no previous criminal history and he is languishing in jail since 13.10.2024 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-Ankul 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 :- 16.5.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench