ALOK KUMAR AND ANOTHER v. STATE OF U.P. THRU. SECY. HOME LKO.
BAIL/7323/2025 · 2025-08-11
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 156520 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 156520 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:46630 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7323 of 2025 Applicant :- Alok Kumar And Another Opposite Party :- State Of U.P. Thru. Secy. Home Lko. Counsel for Applicant :- Dheeraj Srivastava Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicants, 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 co-accused about ten months ago. At the time of marriage, the complainant gave a Platina motorcycle, articles worth Rs. 20,000/-, and Rs. 90,000/- in cash as dowry. However, the in-laws were dissatisfied with the dowry provided and allegedly demanded an additional Rs. 1,00,000/-. Due to this demand, the deceased was subjected to cruelty and was ultimately murdered by hanging on 29.03.2025.
Learned counsel for the applicants submits that they are the brothers-in-law (jeth) of the deceased. It is pointed out that the co-accused, Savitri Devi (mother-in-law of the deceased), has already been granted bail by a coordinate Bench of this Court vide order dated 24.06.2025 in Criminal Misc. Bail Application No. 5463 of 2025. It is further submitted that there were no antemortem injuries on the body of the deceased except a ligature mark, and the cause of death was asphyxia due to antemortem hanging. The applicants are in custody since 01.07.2025 and have no criminal antecedents. The complainant’s statement contains only general allegations against all accused persons. It is further submitted that there is no possibility of the
applicants of fleeing away after being released from jail or tampering with the witnesses. In case the applicants are enlarged on bail, they 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 applicants. On due consideration to the bail order of co-accused Savitri Devi; the general nature of the allegations, the absence of any prima facie indication that the deceased was subjected to cruelty in connection with dowry demand soon before her death, and the fact that the applicants are in custody since 01.07.2025 without criminal antecedents, I find it to be a fit case for enlarging the applicants on bail. Accordingly, the bail application is allowed. Let the applicants Alok Kumar and Shivpoojan involved in Case Crime No. 108 of 2025 under sections 80 and 85(2) of BNS and section 3/4 DP Act, 1961 P.S.- Neemgaon District - Lakhimpur Kheri. be released on bail on their 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 applicants will not tamper with the evidence during the trial. (ii) The applicants will not pressurize/ intimidate the prosecution witness. (iii) The applicants 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 applicants shall file an undertaking to the effect that they 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 their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them in accordance with law. (vi) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. (now Section 84 BNSS) is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, 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 :- 11.8.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench