SATEESH KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
BAIL/7550/2024 · 2025-03-07
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 147248 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 147248 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:14011 Court No. - 29 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7550 of 2024 Applicant :- Sateesh Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Umakant Mishra Counsel for Opposite Party :- G.A.,Ghulam Mohammad Kamil Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Umakant Mishra, learned counsel for the applicant, Sri Bhanu 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. 0087 of 2024, under Sections 498-A, 304-B I.P.C. and Section 3/4 of Dowry Prohibition Act, registered at Police Station Para, District Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 18.02.2024 against the applicant and his parents stating that the informant had got his sister married to the applicant on 23.02.2023. The accused persons used to harass her for demanding dowry. On 17.02.2024 the informant came to know that his sister had been killed. 4. The postmortem examination report mentions a solitary injury i.e. a ligature mark around the neck of the deceased which was interrupted by 4 cm. on left side of neck and the cause of death has been opined to be asphixia due to ante mortem hanging. No other injury has been reported on the dead body. 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. 6. The State as well as the informant have filed counter affidavits opposing the bail application. learned A.G.A. has opposed the prayer for bail and he has submitted that one Mamta Verma who had mediated the settlement of marriage of the deceased with the applicant has stated during investigation that the accused persons used to harass her for demanding dowry. However, a perusal of statement of Mamta Verma annexed as CA-3 to the counter affidavit shows that she has given this statement as per the information given to her by the informant and she had no personal knowledge about it. The investigation of the case has been completed and a charge sheet has been submitted on 14.05.2024. 7.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the deceased did not suffer any injury except for injury due to hanging and she died due to asphyxia; that both the co-accused persons have already been granted bail; that the applicant has no previous criminal history and he is languishing in jail since 19.02.2024 and the investigation has been completed and a charge sheet has been submitted on 14.05.2024 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-Sateesh Kumar 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 :- 7.3.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench