RAM KUMAR v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO.
BAIL/12182/2024 · 2025-04-10
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 168972 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 168972 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:20431 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12182 of 2024 Applicant :- Ram Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Rama Niwas Pathak,Narsingh Yadav,Pragati Tiwari,Prashant Dubey,Sadhana Yadav Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Prashant Dubey, learned counsel for the applicant, Sri Satyendra Srivastava, learned Additional Government Advocate 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.0414 of 2024, under Sections 80, 85, 115(2), 352 and 351(2) B.N.S. read with Section 3/4 D.P. Act, registered at Police Station Kotwali Ayodhya, District Faizabad/Ayodhya. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 04.08.2024 against the applicant, his father, two younger brothers and sister, alleging that the informant had got his sister married to the applicant on 27.04.2028; that all the accused persons used to harass her for demanding dowry and they killed her. 4. The postmortem examination report mentions a ligature mark around neck of the dead-body, besides two contusions on right knee and below the right knee. 5. In the statement of the informant recorded under Section180 B.N.S., he stated that the applicant had gone away on 02.08.2024 and the victim had telephonically informed her
brother that the applicant had telephonically asked his father and younger brothers to eliminate the victim in his absence. A similar statement was given by sister of the deceased also. 6. In the affidavit filed in support of 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 father- co-accused- Ram Nihal has been granted bail by this Court by means of an order dated 21.01.2025 passed in Criminal Misc. Bail Application No.11215 of 2024. 8. The learned Additional Government Advocate appearing on behalf of the State has opposed the bail application and submitted that the applicant is husband of the deceased and he cannot be granted bail on the ground of parity with father-in- law of the deceased. 9.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that in the statement recorded by the investigating officer the informant has stated that the applicant was not present at the time and place of the incident and his father, who was present at the time of the incident, has been granted bail; the other three accused persons, who are said to be present at the time of the incident, have been exonerated by the investigating officer, I am of the view that the applicant is also entitled to be released on bail. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Ram Kumar be released on bail in the aforesaid 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, unless his appearance is exempted by the learned trial court. (Subhash Vidyarthi, J.) Order Date :- 10.4.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench