SUNIL KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
BAIL/4934/2025 · 2025-05-30
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 142712 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 142712 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:34041 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4934 of 2025 Applicant :- Sunil Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Abhishek Srivastava Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Shri Abhishek Srivastava, the learned counsel for the applicant, Shri Akhilesh Kumar Vyas, the 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.125 of 2025 under Sections 80(2), 85 of B.N.S., Section 3/4 of D.P. Act registered at Police Station- Phoolbehad, District- Lakhimpur Kheri. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 12.03.2025 against the applicant, his mother, brothers Ajay Pal and Mukesh and wife of Mukesh, stating that the informant had got his sister married to the applicant's brother Ajay Pal in the month of Ashadh in the year 2023; all the accused persons used to harass her for demanding dowry and they killed her on 10.03.2025. 4. The postmortem examination report mentions a ligature mark around the neck running obliquely upwards, interrupted on left side and the cause of death has been opined to be Asphyxia due to antemortem hanging and no other injury has been found on the dead body. 5. In the affidavit filed in support of the bail application, it has been stated that the applicant is an innocent person having no criminal history and he has been falsely implicated in the present case. 6. It has been claimed that the applicant and his elder brother Mukesh were living separately. 7. Learned AGA has opposed the bail application and he has submitted that the information of the present application has been delivered to the informant through police. He has further
submitted that the allegations have been established during investigation and a charge-sheet has been submitted on
09.05.2025. 8.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the allegation that the deceased was killed is not supported by the findings of the postmortem examination report; that the applicant is the elder brother of the deceased's husband and the Gram Pradhan has certified that he is living separately coupled with the fact that the applicant has no criminal history and he is languishing in jail since 16.03.2025 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. 9. Accordingly, this bail application stands allowed. 10. Let the applicant 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, unless his/her appearance exempted by the trial Court. . [Subhash Vidyarthi, J.] Order Date :- 30.5.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench