GOVIND SHARMA @ MOHIT v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
BAIL/11474/2024 · 2025-03-07
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 167335 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 167335 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:14171 Court No. - 29 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11474 of 2024 Applicant :- Govind Sharma @ Mohit Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- O.P. Tiwari Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Shri O.P. Tiwari, the learned counsel for the applicant, Shri Ran Vjay Singh, the learned AGA for the State and perused the record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.409 of 2024, under Sections 498-A/323/304-B IPC and 3/4 Dowry Prohibition Act registered at Police Station- Kotwali, District- Unnao. 3.The aforesaid case has been registered on the basis of F.I.R. lodged on 22.06.2024 against the applicant, his father, mother, brother and sister stating that the informant had got his daughter married to the applicant on 18.04.2018, all the accused persons used to harass her for demanding dowry and all of them beaten her and hanged her on 18.06.2024. The solitary injury mentioned in the postmortem report is a ligature mark around neck of the dead body which is interrupted by 4 cm behind left ear and the cause of death has been opined to be Asphyxia due to anti-mortem hanging. 4. 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. 5. The charge-sheet has been submitted against the applicant and his father only and the other three accused persons have been exonerated by the Investigating Officer. The applicant's father co-accused Raj Kumar Sharma has been granted bail by means of an order dated 22.10.2024 passed by this Court in Crl. Misc. Bail Application No.11116 of 2024. 6. A supplementary affidavit has been filed annexing therewith a copy of the statement of the informant recorded by the trial
Court wherein he has declared to be hostile. 7. Having considered the aforesaid facts and circumstances of the case, 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. 8. Accordingly, this bail application stands allowed. 9.
Let the applicant- Govind Sharma @ Mohit 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 :- 7.3.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench