PRASHANT GUPTA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
BAIL/12805/2024 · 2025-04-05
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 169753 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 169753 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:19197 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12805 of 2024 Applicant :- Prashant Gupta Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Jaikaran Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Jaikaran, learned counsel for the applicant, Sri Anshuman Verma, 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.0241 of 2024, under Sections 80(2) and 85 B.N.S. and Section 3/4 D.P. Act registered at Police Station Bhiti, District Ambedkar Nagar.
3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 26.08.2024 against the applicant, his mother, brother, brother's wife and brother-in-law, stating that the informant had got his daughter married to the applicant on
17.07.2023. All the accused persons used to harass her for demand of dowry and they had hanged her on 25.08.2024.
4. The postmortem examination report mentions a ligature mark around neck of the dead-body and cause of death has been opined to be shock due to antemortem hanging, leading to asphyxia and vasovagal constriction.
5. 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. It has further been stated that the applicant's mother-co-accused
Savitri Devi has already been granted by this Court by means of
order dated 02.12.2024 passed in Criminal Misc. Bail Application No.12467 of 2024.
6. The State has filed its counter affidavit, annexing therewith the copies of the material collected during investigation, and copy of the charge-sheet submitted on 29.10.2024.
7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that though the FIR alleges that the accused persons had killed the applicant's wife and hanged her, the postmortem report mentions no injury except the ligature mark around neck of the deceased; the FIR discloses similar allegations against all the accused persons, however, allegations against three accused persons could not be established during investigation and the charge-sheet has been submitted against the applicant and his mother only and his mother has already been granted bail, I am of the view that the applicant is also entitled to be released on bail. 8.Accordingly, the instant bail application stands allowed.
9. Let the applicant- Prashant Gupta 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 :- 5.4.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench