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2025 DAILYLAW 160711 (ALL)

PHOOL CHANDRA v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.

BAIL/8108/2025 · 2025-08-28

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8108 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. 2. The accused-applicant seeks bail in Case Crime No.262 of 2025 under Section 85, 80(2) BNS and Section 3/4 of Dowry Prohibition Act, Police Station Gangaghat, District Unnao. 3. In the prosecution case it is alleged that the daughter of the informant, Khushi was married about two years ago to Ram Lakhan, which was a love marriage. After some time, the three named accused persons started demanding dowry, and the victim was subjected to cruelty in connection with such demand. The victim had informed the informant and her family members about this harassment. The informant tried to convince the accused persons, but they did not desist from torturing the deceased. On 13.11.2012, the neighbours informed that the victim had been badly beaten, and when the informant reached there, he found the victim dead. 4. Learned counsel for the applicant submits that the allegations made in the statement of the complainant are general in nature against the applicant and the co-accused persons. No specific role has been assigned to the applicant. It is admitted that the marriage between the two was a love marriage, and no dowry was exchanged at the time of marriage. The allegations are stated to be false. As per the postmortem report, the cause of death is asphyxia due to antemortem injury. Except the ligature mark no other antemortem injury has Versus Counsel for Applicant(s) : Nouphil Ahmad Counsel for Opposite Party(s) : G.A. Phool Chandra .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) been found on the body of the deceased. The applicant, being the father-in- law of the deceased, has been falsely implicated in the present case. The applicant has no criminal antecedents. 5. Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the facts mentioned above. 6. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. 7. On due consideration of the facts that the applicant is in jail since 12.05.2025, he has no criminal antecedents; the allegations against him are general and sweeping in nature; and no injury except the ligature mark has been found in the postmortem report and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. 8. Accordingly, the bail application is allowed. 9. Let the applicant Phool Chandra be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court below 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. BAIL No. 8108 of 2025 2 (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 IPC (now Section 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 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 IPC (now Section 209 BNS). August 28, 2025 Madhu D.R/P.S BAIL No. 8108 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench