BABULAL VERMA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
BAIL/7395/2025 · 2025-08-08
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 156443 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 156443 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:46442 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7395 of 2025 Applicant :- Babulal Verma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Rajesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. In the prosecution case, it is alleged that the complainant’s daughter was married to the applicant on 22.04.2024. Although the complainant provided dowry as per his financial capacity, the accused continued to harass the deceased over additional dowry demands. It is further alleged that on 20.11.2024 at around 8:00 a.m., the accused assaulted her and subsequently hanged her.
Learned counsel for the applicant contends that the prosecution case merely contains general allegations regarding dowry demands. There is no specific allegation against the applicant or any other co-accused of assaulting the deceased in close proximity to her death in relation to dowry. Moreover, there is no independent witness to the incident. The applicant's father was present during the inquest proceedings, and the applicant was in Bangalore at his workplace at the relevant time. It is submitted that he has been falsely implicated. The postmortem report indicates that the cause of death was asphyxia due to antemortem hanging. It is further submitted that co-accused Budhana Devi and Chandrika Prasad Verma have already been granted bail by a coordinate Bench of this Court vide orders dated 04.02.2025
and 24.07.2025 in Criminal Misc. Bail Application Nos. 1026 of 2025 and 5041 of 2025, respectively. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. 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. On due consideration to the bail orders of co-accused persons; the general nature of the allegations in the prosecution case, the cause of death mentioned in the postmortem report, and the possibility that the two contusions noted therein may have resulted from putting down the body, and taking into account that the applicant is in custody since 03.12.2024 without having any criminal antecedents, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant Babulal Verma involved in Case Crime No.309 of 2024 under Section 85, 80(2) BNS and Section 3/4 Dowry Prohibition Act, police station Dhanepur, District Gonda, 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 in accordance with law. (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 Section 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 IPC (now Section 209 of BNS). It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial.
Order Date :- 8.8.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench