HARISHCHANDRA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO
BAIL/7526/2024 · 2025-04-09
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 147101 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 147101 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:20072 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7526 of 2024 Applicant :- Harishchandra Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Rohit Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Rohit Kumar Singh, the learned counsel for the applicant, Sri Jayant Singh Tomar, the learned AGA-I and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 488/2023, under Sections 498A, 304B IPC and 3/4 D.P. Act, Police Station Salon, District Raebareli. 3. The aforesaid case has been registered on the basis of an FIR lodged on 19.09.2023 against the applicant and his family members stating that the informant had got his daughter married to the applicant about 1 year and 3 months ago. All the accused persons used to harass her for demanding dowry and the applicant told the informant about death of her daughter by making a phone call at 04:30 p.m. on 18.09.2023. Upon reaching there, the informant found his daughter dead. The deceased had a daughter aged 1-1/2 months. The inquest proceedings were witnessed by the informant's son along with other persons and all the witnesses stated that the deceased died due to drowning. The post mortem examination report also mentions the cause of death as drowning. No
injury was seen on any part of the body. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 23 years having no criminal history and he has been falsely implicated in the present case. 5. The applicant's brother in-law and mother co-accused Virendra and Parvati have already been granted bail. The name of the applicant's father was exonerated during investigation. 6. Learned AGA has opposed the bail application and he has submitted that the charges have been established during investigation and a charge sheet has been submitted against the applicant. 7.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the deceased died due to drowning and no injury was found on her body; that the FIR levels similar allegations against all the accused persons and two persons have already been released on bail; the the applicant is a 23 years young man having no criminal history and he is languishing in jail since 23.09.2023 whereas 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. 8. Accordingly, this bail application stands allowed. 9. Let the applicant-Harishchandra 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. . [Subhash Vidyarthi, J.] Order Date :- 9.4.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench