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2025 DAILYLAW 174685 (ALL)

AJAY KUMAR v. STATE OF U.P. THRU. SECY. HOME LKO

BAIL/11723/2024 · 2025-11-04

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11723 of 2024 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record. 2. The applicant seeks enlargement on bail in FIR No.182 of 2024, under Sections 498A, 304B, 302 IPC and Section 3/4 of D.P. Act, Police Station Tarun, District Faizabad/ Ayodhya. 3. In terms of the FIR, it was alleged that that the daughter of the informant was married to the applicant in the year 2022 and sufficient dowry was also given, however, the entire matrimonial family used to harass her for dowry and an information was received with regard to her death. The cause of death, as per the postmortem report, is ante mortem head injury. 4. The Counsel for the applicant argues that two of the co-accused have been enlarged on bail. He further argues that in terms of the confessional statement also, it was stated that on account of the victim abusing the entire family members, the applicant became angry and hit her which resulted into her death. It was further argued that the confessional statement as well as the recovery is not in the presence of the independent witness. The applicant is in custody since 09.06.2024 and has no criminal antecedents. 5. The Counsel for the informant draws my attention to the confessional Versus Counsel for Applicant(s) : Rehan Ahmad Siddiqui Counsel for Opposite Party(s) : G.A., Anil Kumar Tiwari Ajay Kumar .....Applicant(s) State Of U.P. Thru. Secy. Home Lko .....Opposite Party(s) statement to argue that the bail application deserves to be rejected. 6. Learned A.G.A. vehemently opposed the bail prayer. 7. Considering the fact that even in the confessional statement, the cause of attacking was assigned to the applicant in the state of anger and sudden provocation coupled with the fact that the applicant has no criminal and is in custody since 09.06.2024, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. 8. Let the applicant Ajay Kumar be released on bail in the abovesaid first information report number on his furnishing personal bonds and two reliable sureties of Rs.20,000/- each to the satisfaction of the court concerned with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. November 4, 2025 akverma BAIL No. 11723 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench