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2025 DAILYLAW 166310 (ALL)

DR. ANUP KUMAR SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/11260/2024 · 2025-04-25

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:23953 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11260 of 2024 Applicant :- Dr. Anup Kumar Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Shivendra S Singh Rathore,Abhishek Upadhyay,Bhavesh Chandel,Radhika Kheria,Sachin Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Shivendra S Singh Rathore, learned counsel for the applicant, Shri Jayant Singh Tomar, learned A.G.A. for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.122 of 2024 under Sections 498-A, 304-B of B.N.S. & Section 3 and 4 of D.P. Act registered at Police Station- Kumarganj, District- Ayodhya. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 16.06.2024 against the applicant, his brother and mother, stating that the informant had got his daughter married to the applicant on 07.12.2022. All the accused persons used to harass her for demanding dowry and they killed her and thereafter hanged the dead body. 4. The inquest proceedings were conducted in present of the informant and his brother. 5. The postmortem examination report mentions a ligature mark around neck of the dead body and the cause of death has been opined to be Asphyxia due to ante-mortem hanging. No other injury has been reported on any part of the dead body. 6. In the affidavit filed in support of the 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. 7. The applicant's mother and father co- accused persons Smt. Jamvanti Devi and Anshu Pratap Singh have been granted anticipatory bail by means of orders dated 30.08.2024 passed in Criminal Misc. Anticipatory Bail Applications No. 1686 of 2024 and 1893 of 2024 respectively. 8. The State has filed a counter affidavit annexing therewith the material collected during investigation. 9. A supplementary affidavit and a rejoinder affidavit has been filed on behalf of the applicant and a copy of charge-sheet dated 31.12.2024 has been annexed with the supplementary affidavit. 10. The learned A.G.A. has opposed the bail application and he has submitted that allegations have been established during investigation and, therefore, the charge-sheet has been submitted against the applicant. 11. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the post mortem examination report mentions the cause of death to be hanging; that the FIR levels similar allegations against all the accused persons and both the co-accused persons have already been granted anticipatory bail; that the applicant is a Doctor having no criminal history and he is languishing in jail since 04.10.2024 whereas the investigation already stands concluded, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 12. Accordingly, this bail application stands allowed. 13. Let the applicant- Dr. Anup Kumar Singh be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial Court. . [Subhash Vidyarthi, J.] Order Date :- 25.4.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench