ANOOP v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
BAIL/11612/2024 · 2025-03-07
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 167819 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 167819 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:14258 Court No. - 29 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11612 of 2024 Applicant :- Anoop Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Aman Kumar Shrivastav Counsel for Opposite Party :- G.A.,Mahesh Kumar Hon'ble Subhash Vidyarthi,J.
1. Heard Shri Aman Kumar Shrivastav, learned counsel for the applicant, Shri Hari Shanker Maurya, learned for the State and Shri Mahesh Kumar, learned counsel for the complainant. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.242 of 2024, under Sections 498A, 304B IPC and Section 3/4 DP Act, Police Station Pargawan, District Kheri. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 02.06.2024 against the applicant, his parents, sister and sister-in-law alleging that the informant had got his daughter married to the applicant on 11.06.2023; that all the accused persons used to harass her for demanding dowry and that her daughter died due to hanging on 02.06.2024. 4. The FIR also states that there were numerous injury marks on the body of the informant's daughter. The inquest report was witnessed by the informant also besides other persons and it does not make a mention of any injury other than ligature mark. The Post Mortem examination report also mentions solitary injury on the body to be a ligature mark around the neck of the dead body, which was interpreted on the left side of the neck. The cause of death has been opined to be Asphyxia as a result of ante-mortem hanging. 5. It has been further submitted that during investigation the brother-in-law of the applicant has been exonerated and the other co-accused persons have been granted bail by the Sessions Court, Lakhimpur Kheri. 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.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the allegation levelled in the FIR that there were injury marks on the dead body, is not supported by the inquest report as also the post mortem report; that in the FIR only general allegations have been levelled against all the accused persons and one of the co-accused person has been exonerated and all the other persons have been granted bail by the Sessions Court, 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 Anoop 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