VIJAY KUMAR v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO.
BAIL/13185/2024 · 2025-05-12
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 170141 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 170141 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:28017 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13185 of 2024 Applicant :- Vijay Kumar Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. Counsel for Applicant :- Pankaj Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Pankaj Kumar Shukla, the learned counsel for the applicant, Sri Alok Kumar Tiwari, the learned AGA 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. 199/2024, under Sections 80, 85 B.N.S. and Section 3/4 D.P. Act, Police Station Khargupur, District Gonda. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 29.07.2024 against the applicant and his father, stating that the informant had got his sister married to the applicant on 01.07.2021; that the accused persons used to harass her for demanding dowry and they killed her by hanging on 25.07.2024. 4. The post mortem examination mentions a ligature mark around the neck with a gap of 6 cm and the cause of death has been opined to be asphyxia due to ante mortem hanging. The post mortem examination report mentions no other external injury was seen all over the body. 5. In the affidavit filed in support of the 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. The applicant's father-co-accused Tirathram has already been granted bail by means of order dated 21.10.2024 passed by this Court in Crl. Misc. Bail Application No. 11013 of 2024. 7. The State has filed a counter affidavit annexing therewith copies of material collected during investigation and a copy of charge sheet dated 10.08.2024
8.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that although the FIR alleges that the accused persons had killed the victim, the post mortem examination report mentions no injury except a ligature mark around the neck and cause of death has been opined to be asphyxia due to ante mortem handing; that the FIR levels similar allegations against both the accused persons and other accused persons have also been granted bail and that the applicant has not criminal history, he is languishing in jail since 31.07.2024 whereas the investigation stands concluded, 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. 9. Accordingly, this bail application stands allowed. 10. Let the applicant-Vijay 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. Order Date :- 12.5.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench