SHARDA BAKSH v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO.
BAIL/8309/2025 · 2025-09-04
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 161688 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 161688 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8309 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. Supplementary affidavit filed by learned counsel for the applicant is taken on record. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The accused-applicant seeks bail in Case Crime No.233 of 2025, under sections 85, 80(2) BNS and Section 3/4 D.P.Act, 1961, Police Station Pali, District Hardoi. In the prosecution case it is alleged that the daughter of the informant was married five years ago to the son of the applicant. Since her marriage, she had been subjected to cruelty on account of demands for additional dowry. It is alleged that on 24.05.2025 at about 5:00 p.m., the accused murdered the daughter of the informant and hanged her. Learned counsel for the applicant submits that the applicant is the father- in-law of the deceased. It is contended that general and sweeping allegations have been made in the prosecution case without any specific role being assigned to the applicant. The cause of death, as per the postmortem report, is asphyxia as a result of antemortem hanging, and no external injury has been found on the body of the deceased except a single ligature mark. Learned A.G.A. has opposed the prayer for bail of the applicant and Versus Counsel for Applicant(s) : Mangal Sen Yadav, Deepansi Counsel for Opposite Party(s) : G.A. Sharda Baksh .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko. .....Opposite Party(s)
submits that when the complainant reached the house of the accused, they had already absconded. I have considered the arguments advanced by learned counsel for the parties as well as perused the record.
On due consideration of the general and sweeping allegations made in the prosecution case, and the facts that in the statement of the complainant no specific role has been assigned to the applicant, coupled with the postmortem report indicating that the cause of death is asphyxia as a result of antemortem hanging, also considering the fact that the applicant has been in jail since 30.05.2025; the charge sheet in this case has already been filed; from the statement of the complainant, it prima facie appears that there is no allegation that soon before her death the deceased was subjected to cruelty on account of demand of dowry 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. Accordingly, the bail application is allowed. Let the applicant Sharda Baksh be released on bail in the 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 shall not tamper with the evidence during the trial. (ii) The applicant shall not pressurize or intimidate any 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 such person from disclosing the 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 an abuse of liberty of bail and pass appropriate orders BAIL No. 8309 of 2025 2
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 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 IPC (now Section 209 BNS). September 4, 2025 Madhu D.R/P.S BAIL No. 8309 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench