ANKIT KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND ANOTHER
BAIL/8417/2025 · 2025-09-09
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 162397 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 162397 (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. - 8417 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J.
1. Heard learned counsel for the applicant, learned AGA for the State and perused the record. 2. Notice to respondent no. 2 is dispensed with in view of the proposed order. 3. In the prosecution case, it is alleged that on 23.4.2025 at about 7:00 a.m., one Virendra, on hearing an alarm at the residence of the co-accused Geeta, found that the sister of the informant had been hanged. It is further alleged that the entire family of the in-laws of the deceased conspired and committed her murder by hanging. 4. Learned counsel for the applicant submits that the applicant is the son of co-accused Mata Prasad and Geeta. Co-accused Mata Prasad has already been granted regular bail by this Court vide order dated 22.08.2025 passed in Criminal Misc. Bail Application No. 7737 of 2025. Similarly, co-accused Geeta has also been granted anticipatory bail by this Court vide order dated 01.09.2025 passed in Criminal Misc. Anticipatory Bail Application under Section 482 BNSS No. 890 of 2025. The cause of death has been opined as asphyxia due to antemortem hanging. 5. It has further been contended that, apart from the suspicion raised by the prosecution witnesses alleging that the deceased was in a relationship with the applicant, there is no other material available against him in the present Versus Counsel for Applicant(s) : Nisha Srivastava Counsel for Opposite Party(s) : G.A. Ankit Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko And Another .....Opposite Party(s)
case. The postmortem report does not reveal any external injuries. The charge sheet has already been filed. The applicant is in custody since 16.05.2025 and has no criminal antecedents. 6. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. 7. Learned AGA has opposed the bail application. However, from the record, it is apparent that except the alleged love relationship between the deceased and the applicant, no other incriminating material has been brought forth by the prosecution to substantiate the allegations. 8.
Considering the facts that co-accused Mata Prasad has already been granted bail, the allegations against the applicant are based merely on suspicion, the charge sheet has been submitted, and the applicant is in jail since 16.05.2025 without any criminal antecedents, this Court is of the opinion that the applicant is entitled to be released on bail. 9. Accordingly, the bail application is allowed. 10. Let the applicant Ankit Kumar involved in Case Crime No.185/2025, U/S - 108 B.N.S., Police Station - Ram Nagar District - Barabanki, be released on bail 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 which are being imposed in the interest of justice:- (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 BAIL No. 8417 of 2025 2
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 in accordance with law.
(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 of BNS). 11. 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. September 9, 2025 R.C.
BAIL No. 8417 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench