AKHIL MISHRA @ SURAJ v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.
BAIL/11416/2024 · 2025-04-25
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 167166 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 167166 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:23943 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11416 of 2024 Applicant :- Akhil Mishra @ Suraj Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Neeraj Singh,Dr. Pooja Singh Counsel for Opposite Party :- G.A.,Mahendra Pratap Singh,Ravi Shanker Tewari,Sheo Pal Singh Hon'ble Subhash Vidyarthi,J.
1. Heard Dr. Pooja Singh, 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.175 of 2024 under Sections 498-A, 304-B of I.P.C. & Section 3/4 of D.P. Act registered at Police Station- Makhi, District- Unnao. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 09.06.2024 against the applicant, his father, mother and younger brother stating that the informant got his daughter married to the applicant on 21.06.2022. All the accused persons used to harass her for demanding dowry and he got information of murder of his daughter in the evening of
08.06.2024. 4. The inquest proceedings were witnessed by the informant also alongwith other persons and the witnesses merely stated that the death seems to be suspicion and postmortem examination should be conducted. 5. Although a diagram forming part of the postmortem report makes a mention of a ligature mark, its size, shape or position has not been has been mentioned in the postmortem
examination report. The cause of death has been opined to be Asphyxia due to ante-mortem hanging. 6. The State has filed a counter affidavit annexing therewith the material collected during investigation and a charge-sheet dated
20.09.2024. 7. 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. 8. All the other co-accused persons have been granted bail by the sessions court. 9. Learned A.G.A. has opposed the bail application and he has submitted that the allegations have been established during investigation and, therefore, a charge-sheet has been submitted against the applicant. 10.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the postmortem examination report reveals no injury on the dead body; the cause of death has been opined to be Asphyxia due to ante- mortem hanging; the FIR levels similar allegations against all the accused persons and all the other co-accused persons have already been granted bail by the session court; and that the applicant has no criminal history and he is languishing in jail since 11.06.2024 whereas the investigation 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. 11. Accordingly, this bail application stands allowed. 12. Let the applicant- Akhil Mishra @ Suraj 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