MULLU RAM v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO.
BAIL/7647/2025 · 2025-08-20
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 158064 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 158064 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:48767 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7647 of 2025 Applicant :- Mullu Ram Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. Counsel for Applicant :- Satendra Kumar (Singh),Abhishek Misra,Shivam Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
2. As per learned counsel for the applicant, the present applicant is in jail since 23.7.2025 in FIR/Case Crime No. 105/2025, under Sections 80(2), 85, 115(2), 351(2) B.N.S. and Section 3/4 of D.P. Act, Police Station Aliganj, District Lucknow.
3. Learned counsel for the applicant has submitted that the present applicant, who is father-in-law of the victim, has been falsely implicated in the case as he has not committed any offence as alleged. Even as per the FIR, no specific allegation has been levelled against the present applicant, rather general allegation has been levelled regarding demand of dowry. It has been further submitted that the present applicant had nothing to do with the family affairs of his son. His relations with her daughter-in-law were cordial and he never demanded any dowry from her or her family members.
Learned counsel for the applicant has further submitted that cause of death is hanging and there is no ante- mortem hanging on the body of the victim (since deceased) except one ligature mark, which might be caused on account of hanging. There is no previous criminal history of any kind whatsoever against the present applicant. Learned counsel has further stated that the applicant undertakes that he shall cooperate in the trial proceedings and shall not misuse the liberty of bail. Further, the applicant shall abide by all terms and conditions of the bail order.
4. Learned A.G.A. has, however, opposed the prayer for bail but he could not dispute the aforesaid submissions of
learned counsel for the applicant. 5. Without entering into merits of the issue; considering the arguments of learned counsel for the parties; contents and allegations of the FIR; the fact that the present applicant is father-in-law of the deceased, no specific allegation has been levelled against him, cause of death is hanging; there is no ante-mortem hanging on the body of the victim (since deceased) except one ligature mark which might be caused due to hanging; and undertaking of the applicant that he shall cooperate in the trial proceedings and shall not misuse the liberty of bail, I find it appropriate to release the applicant on bail. 6. Accordingly, the instant bail application is allowed. 7. Let the applicant Mullu Ram, be released on bail in the aforesaid case crime number 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:- (i) 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. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 229-A IPC/269 of the B.N.S., 2023. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her presence proclamation under Section 82 Cr.P.C./84 of B.N.S.S., 2023 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/208 of the B.N.S., 2023. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C./351 of B.N.S.S., 2023.
If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against her in accordance with law. The present applicant shall not leave the country without prior permission of the Court. 8. Before parting with, it is expected that the trial shall be concluded with expedition in terms of Section 309 Cr.P.C./346 B.N.S.S. Further, the learned trial court may take all coercive measures, as per law, if either of the parties do not co-operate in the trial proceedings properly.
Order Date :- 20.8.2025 kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench