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2025 DAILYLAW 155464 (ALL)

VIBHAKAR v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.

BAIL/9240/2024 · 2025-05-12

Subhash Vidyarthi

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Judgment text

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Neutral Citation No. - 2025:AHC-LKO:27689 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9240 of 2024 Applicant :- Vibhakar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Akmal Saeed,Abhishek Srivastava,Riyaz Ahmad Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Abhishek Srivastava, 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.387 of 2023 under Sections 498-A, 304-B IPC & Section 3/4 of Dowry Prohibition Act registered at Police Station- Imliya Sultanpur, District- Sitapur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 31.10.2023 against the applicant, his father and mother, stating that the informant got his daughter married to the applicant three years ago; all the accused persons used to harass her for demanding dowry and they killed her in the morning of 31.10.2023. 4. The postmortem examination report mentions a ligature mark around the neck of the dead body passing obliquely upward and backward, which was interrupted by 5 cm present on the right side of neck and no other injury has been found on the dead body. The cause of death has been opined to be Asphyxia due to antemortem hanging. 5. 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. 6. The applicant's father and mother, namely, Meenu Aarakh and Mateshwari have already been granted bail by means of orders dated 24.05.2024 & 21.05.2024 passed by Co-ordinate Bench of this court in Crl. Misc. Bail Application Nos.5635 of 2024 and 5420 of 2024 respectively. 7. The State has filed a counter affidavit annexing therewith the material collected during investigation and a copy of charge- sheet dated 14.02.2023. 8. A copy of statement of the informant recorded by the trial Court has been brought on record with the supplementary affidavit and in the counter affidavit, he has categorically stated that after the marriage, none of the accused persons made any demand of dowry from him. He has not supported the prosecution case in his cross-examination. 9. Having considered the aforesaid facts and circumstances 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 case. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Vibhakar 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