JAGDAMBA CHAUHAN v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
BAIL/13295/2024 · 2025-05-06
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 170344 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 170344 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:26324 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13295 of 2024 Applicant :- Jagdamba Chauhan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Ankur Pandey,Ram Suphal,Vineet Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Vineet Kumar Shukla, learned counsel for the applicant, Sri Diwakar Singh, 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. 380 of 2024, under Sections 85, 80 (2) B.N.S. and Section 3/4 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Kotwali Dehat, District Gonda. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 08.08.2024 against the applicant and his family members stating that the informant had got his daughter married to the applicant about three years ago; that all the accused persons used to harass her for demanding dowry and they beaten her up and hanged her on 07.08.2024 causing her death. 4. The postmortem examination report mentions a ligature mark all around the neck with a gap of 5cm and the cause of death has been opined to be asphyxia due to ante mortem hanging. No other injury has been reported in the postmortem examination report. 5. In the affidavit filed in support of bail application it has been stated that the applicant is a young man aged 22 years, he is innocent, he has been falsely implicated in the present case and he has no criminal history. 6. The State has filed a counter affidavit annexing therewith copies of relevant material collected during investigation and copy of a charge sheet dated 17.09.2024 which was submitted against the applicant only. 7. A supplementary affidavit has been submitted on behalf of the applicant annexing therewith a copy of statement of the informant recorded by the trial court and he has been declared to be hostile. Nothing adverse has came in the light even during cross-examination of the informant conducted by the Public Prosecutor. 8.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is a young man having no previous criminal history and he is languishing in jail since 20.08.2024 and the investigation already stands concluded and without making any observation, which may affect the merits of the case, 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- Jagdamba Chauhan 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 :- 6.5.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench