NEERAJ KUMAR v. STATE OF U.P. THRU. PRIN. SECY. (HOME DEPTT.) LKO.
BAIL/11497/2024 · 2025-03-07
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 167400 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 167400 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:14225 Court No. - 29 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11497 of 2024 Applicant :- Neeraj Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. (Home Deptt.) Lko. Counsel for Applicant :- Faizal Hashmi Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Shri Faizal Hashmi, learned counsel for the applicant and Shri Hari Shanker Maurya, learned for the State. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.359 of 2024, under Sections 498A, 304B, 504 IPC and Section 3/4 DP Act, Police Station Kotwali Nagar, District Ayodhya. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 28.06.2024 against the applicant and four of his family members alleging that deceased was married to the applicant on 20.01.2020; that all the accused persons used to harass her for demanding dowry and they killed her on
25.06.2024. 4. The Post Mortem examination report mentions a ligature mark around the neck of the dead body and no other injury has been found. The cause of death has been opined to be Asphyxia as a result of ante-mortem hanging. After examination the Investigating Officer submitted charge sheet against the applicant only and all the other co-accused persons have been exonerated. 5. 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. 6. In the supplementary affidavit copy of the statement recorded of the complainant dated 06.02.2025 by the trial court has been annexed, where the complainant has turned hostile
7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is innocent, has no criminal history and except a ligature mark there is no injury on the dead body and the complainant has also turned hostile, 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 Neeraj Kumar 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 Arnima Digitally signed by :- ARNIMA SINGH High Court of Judicature at Allahabad, Lucknow Bench