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2025 DAILYLAW 170843 (ALL)

MAHESH @ SHOKKHAN v. STATE OF U.P. THRU. SECY. DEPTT. OF HOME LKO

BAIL/13270/2024 · 2025-05-08

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:27162 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13270 of 2024 Applicant :- Mahesh @ Shokkhan Opposite Party :- State Of U.P. Thru. Secy. Deptt. Of Home Lko Counsel for Applicant :- Ripu Daman Shahi,Dinesh Kr. Chaudhary Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Dinesh Kumar Chaudhary, the learned counsel for the applicant, Shri Anant Pratap Singh, the learned A.G.A. 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.148 of 2024 under Sections 498-A, 304-B IPC & 3/4 D.P. Act registered at Police Station- Pachpedwa, District- Balrampur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 10.06.2024 against the applicant, his father, mother and his sister-in-law on the basis of an application under Section 156(3) Cr.P.C., stating that the informant had got his daughter married to the applicant about one and a half years ago; all the accused persons used to harass her for demanding dowry and the applicant made a phone call to the informant at about 11:00 PM on 04.10.2022 asking to take his daughter back. The informant heard his daughter crying. He received information of death of his daughter at about 08:00 AM on 05.10.2022. 4. The postmortem examination report mentions a ligature mark around neck with a gap of 4 cm on right side of upper neck. The cause of death has been opined to be Asphyxia due to antemortem hanging. 5. 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. 6. The applicant's mother and father co-accused Chandrawati @ Manki and Chandra Prakash have been granted bail by means of orders dated 11.11.2024 & 14.11.2024 passed by this Court in Crl. Misc. Bail Application Nos.11783 of 2024 & 11939 of 2024. The other named accused person has been exonerated by the Investigating officer. 7. The State has filed a counter affidavit annexing therewith copies of material collected during investigation and a copy of charge-sheet submitted on 30.10.2024. 8. A rejoinder affidavit has been filed on behalf of the applicant, which is taken on record. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the that victim died due to hanging and besides a ligature mark, there was no other mark on the dead body; the FIR levels similar allegations against all the accused persons, one of whom stands exonerated and both the other persons have been granted bail and that the applicant has no criminal history and he is languishing in jail since 03.10.2024 whereas the investigation already 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. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Mahesh @ Shokkhan 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 :- 8.5.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench