Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 159264 (ALL)

JAGDISH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/7966/2025 · 2025-08-26

Karunesh Singh Pawar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 7966 of 2025 Court No. - 12 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. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.153 of 2025, under Sections 85, 80(2) of BNS and Sections 3/4 of D.P. Act, P.S. Malhipur, District Shrawasti. 3. In the prosecution case it is alleged that daughter of the informant aged about 19 years was married with the son of the applicant one year ago. After marriage, the in-laws of the deceased (daughter of the informant) were demanding one bullet motor-cycle in dowry. On 11.5.2025 at about 10:00 am she was beaten by the accused persons and due to that she committed suicide by hanging. 4. Learned counsel for the applicant submits that four persons were made accused in this case and against all of them general allegations have been levelled including the present applicant. In the statement of the complainant again general allegations have been levelled. In the post mortem report, except ligature mark there is no other ante mortem injury. Cause of death is asphyxia as a result of ante mortem hanging. Applicant is 65 years old person with no criminal history. The charge-sheet has been filed hence, there is no chance of tampering the evidence. He submits that the applicant is in jail since 22.05.2025. Versus Counsel for Applicant(s) : Manoj Kumar Singh Counsel for Opposite Party(s) : G.A. Jagdish .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) 5. Learned A.G.A. has opposed the bail prayer and has submitted that victim died within one year of marriage, it is a heinous offence. 6. On due consideration to the submissions advanced, perusal of record as also the fact that the applicant is languishing in jail since 22.05.2025, general and sweeping allegations have been levelled against all the accused persons, cause of death is hanging, there is no other ante mortem injury on the body of the deceased except ligature mark, applicant is 65 years old having no criminal history, prima facie there appears to be no allegation of committing cruelty relating to demand of dowry soon before the death and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail. 7. Accordingly, the bail application is allowed. 8. Let the applicant Jagdish be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions: (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 of the Indian Panel Code (now Section 269 of BNS). BAIL No. 7966 of 2025 2 (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 of the Indian Panel Code (now Section 209 BNS). August 26, 2025 Saurabh Yadav/- BAIL No. 7966 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench