BANKEY LAL v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO
BAIL/7247/2025 · 2025-08-11
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 156121 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 156121 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:46616 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7247 of 2025 Applicant :- Bankey Lal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Subodh Kumar Pandey,Ramakar Shukla Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. 1.Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record. 2.It is alleged in the prosecution case that elder sister of the informant aged about 25 years was married with the son of the accused applicant six years ago with adequate dowry, however, the in-laws of his sister were not happy. They demanded a bullet motorcycle in additional dowry. On their demand not being fulfilled, she was subjected to cruelty and ultimately she was killed by her in laws by hanging on 12.6.2025 at about 12.30 in the day. 3.Learned counsel for the applicant submits that initially, an application was given by the informant to the police station on 12.6.2025 which is on record. No allegation of demand of any dowry was made. At the time inquest also, there was no allegation of demand of dowry. It is submitted that the seven year old daughter of the deceased was not interrogated by the investigating officer. There is general and bald allegation in the first information report. The applicant is 75 years old father in law. The applicant has no previous criminal history. The applicant is in jail since 26.6.2025. It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged
on bail, he shall not misuse the liberty of bail. 4.Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. 5.Considering the facts and circumstances of the case, the fact that the applicant has no criminal history, general nature of allegation in the prosecution case, old age of the accused applicant, arguments advanced by learned counsel for the parties, the period for which the applicant is in jail and without expressing any opinion on the merit of the case, I find it to be a fit case for enlarging the applicant on bail.
6.Let the applicant Bankey Lal, involved in Case Crime No. 265 of 2025 under section 108 BNS, P.S. Isha Nagar, district Lakhimpur Kheri, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the
facts of the case so as to dissuade him from disclosing such
facts to the Court or to any police officer or tamper with the evidence. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as
abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A I.P.C. (now 269 BNS) (vi) In case the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now 84 BNSS) is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A I.P.C. (now 209 BNS). 7.The application is allowed accordingly.
Order Date :- 11.8.2025 kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench