DHEERENDRA PRATAP SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
ABAIL/2311/2024 · 2025-04-11
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 163503 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 163503 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:20750 Court No. - 15 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2311 of 2024 Applicant :- Dheerendra Pratap Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Vikas Yadav Counsel for Opposite Party :- G.A.,Aakanksha Shah,Vivek Kumar Divedi Hon'ble Subhash Vidyarthi,J.
1. Heard Ms. Kajole, Advocate, holding brief of Shri Vikas Yadav, learned counsel for the applicant, Sri Satyendra Srivastava, learned Additional Government Advocate for the State as well as Ms. Aakanksha Shah, the learned counsel for the informant, and perused the records. 2. The instant application has been filed seeking release of the applicant on anticipatory bail in Case Crime No.0194 of 2024, under Sections 302 and 306 I.P.C. registered at Police Station Harpalpur, District Hardoi. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 19.06.2024 against four persons, including the applicant, stating that the dead-body of the informant's son was found tied with a door in dilapidated building of a primary school. The informant stated that his son was in a relationship with co-accused- Geeta due to which the accused persons who are Geeta and her family members and relatives killed the informant's son and projected the killing to be a suicide. 4. In the affidavit filed in support of bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. 5. The State has filed its counter affidavit annexing therewith copy of the postmortem examination report, which mentions the cause of death to be asphyxia due to antemortem hanging. Copies of statements recorded by the investigating officer have also been annexed along with the counter affidavit. 6. The informant has also filed a counter affidavit annexing therewith two photographs of the deceased which show that both the legs of the deceased are resting on the floor, his hips are resting on a hand-pump, his legs are not straight and are in semi sitting posture. The photographs make it apparent that no person can commit suicide by hanging in such a posture. The investigating officer has wrongly converted Section 302 IPC to Section 306 IPC. 7. The learned Additional Government Advocate submits that investigation is still continuing. 8.
Without making any observation, which may affect the investigation or the trial, I am of the considered opinion that the aforesaid facts of the case do not warrant exercise of discretion for granting pre-arrest bail to the applicant. 9. Accordingly, the instant anticipatory bail application of the applicant is rejected. . (Subhash Vidyarthi, J.) Order Date :- 11.4.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench