SURAJ v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.
BAIL/7330/2024 · 2025-03-18
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 146073 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 146073 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:15753 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7330 of 2024 Applicant :- Suraj Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Narayan Datt Tiwari,Pramod Kumar Tiwari,Smt. Usha Tiwari Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Shri Narayan Datt Tiwari, learned counsel for the applicant, Shri Anand Pratap Singh, learned A.G.A. 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.113 of 2024, under Sections 498-A, 304-B, 201 of I.P.C. and Section 3/4 of the Dowry Prohibition Act, Police Station Mankapur, District Gonda. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 16.03.2024 against the applicant, his father and his mother stating that the informant's daughter got married to the applicant on 15.05.2023 and since then all the accused persons used to harass her for demanding dowry and on 10.03.2024 the informant came to know that his daughter had died. Upon making inquiries, he came to know that all the accused persons used to harass his daughter for demanding dowry, due to which reason, she committed suicide by hanging herself. Post-mortem examination report mentions a ligature mark around neck with a gap of 4cm. and no other injury was seen on any part of the body and the cause of death has been opined to be asphyxia as a result of ante mortem hanging. 4. In the statement of the informant recorded by the investigating officer, he stated that he had given information of death of his daughter on the date of the incident, whereupon inquest and postmortem examination was carried out. 5. 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. The applicant's mother and father - accused Chandra Devi and Bifai have been granted bail by means of order dated 22.05.2024 and 20.06.2024 passed by this Court in Criminal Misc. Bail Application Nos.5539 of 2024 and 6676 of 2024, respectively. 6. The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter. 7.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the informant's daughter died on 09.03.2024; he gave information of the incident to the police on 10.03.2024 and inquest and postmortem examination was carried out, but the F.I.R. has been lodged on 16.03.2024; that besides a ligature mark, no other injury was found on the body; cause of death has been opined due to asphyxia as a result of ante mortem hanging; F.I.R. levels general allegations against all the accused persons and both the other accused persons have been granted bail, whereas the applicant has no previous criminal history and he is languishing in jail since 18.03.2024 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. 8. Accordingly, this bail application stands allowed. 9. Let the applicant- Suraj 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. Order Date :- 18.3.2025 Anupam S/- Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench