VISHAL SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO
BAIL/8194/2024 · 2025-05-12
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 150774 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 150774 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:27778 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8194 of 2024 Applicant :- Vishal Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Vikas Sharma,Pawan Kumar Maurya,Vipin Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Shri Vipin Kumar Mishra, learned counsel for the applicant, Shri Jayant Singh Tomar, 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.32 of 2024 under Sections 498-A, 304-B of IPC & Section 3/4 of D.P. Act registered at Police Station- Thakurganj, District- Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 18.01.2024 against the applicant, his father and mother, stating that the informant got his daughter married to the applicant on 02.04.2023; that all the accused persons used to harass her for demanding dowry and they killed her and hanged her on 18.01.2024. 4. The inquest proceedings were witnessed by the applicant's mother co-accused Sunita and all the inquest witnesses stated that the deceased had committed suicide by hanging. 5. The postmortem examination report mentions a ligature mark on the neck of the dead body passing obliquely upwards and backwards, which was interrupted by 4 cm and the cause of death has been opined to be Asphyxia due to antemortem hanging. 6. In the affidavit filed in support of the 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 applicant's father and mother, namely, Maiku Lal and Sunita have already been granted bail by means of orders dated 19.06.2024 & 01.05.2024 passed by Co-ordinate Bench of this court in Crl. Misc. Bail Application Nos.6474 of 2024 and 4742
of 2024 respectively. 8. The State has filed a counter affidavit annexing therewith the material collected during investigation and a copy of charge- sheet dated 27.02.2024. 9.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the FIR alleges that the victim has been killed and hanged whereas the postmortem examination report mentions only a ligature mark around neck and no other injury has been found on the dead body and the cause of death has been opined to be Asphyxia due to antemortem hanging; that the FIR levels similar allegations against all the accused persons and both the other co-accused persons have already been granted bail coupled with the fact that the applicant has no criminal history and he is languishing in jail since 19.01.2024 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 case. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Vishal Singh 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 :- 12.5.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench