Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 175837 (ALL)

AVADHESH v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. CIVIL SECTT. LKO

BAIL/14762/2023 · 2025-11-12

Pankaj Bhatia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 14762 of 2023 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. The applicant seeks enlargement on bail in FIR No.14 of 2023, under Section 498A, 304B IPC & Section 3/4 of D.P. Act, P.S. Harpalpur, District Hardoi. 3. In terms of the FIR it was alleged that daughter of the informant was married to the son of the applicant around 30 months ago and subsequently, the entire matrimonial family used to demand dowry and had killed her. It was also stated that she was taken to CHC and thereafter to the hospital at Lucknow. 4. In the light of the said, learned counsel for the applicant draws my attention to the postmortem report on record which indicates the cause of death as antemortem burn injuries. The dying declaration of the victim was also recorded wherein she made allegation against the applicant by stating that on account of a dispute arising out of sell of milk in which family was engaged, the applicant who is father-in-law pour diesel and set her on fire. It was also stated that her husband was not at home and father- in-law's brother had taken her to the hospital. Versus Counsel for Applicant(s) : Neeraj Sahu, Ajay Madhavan, Ajeet Pratap Singh, Mata Prasad Yadav, Sudhir Kumar Rai Counsel for Opposite Party(s) : G.A. Avadhesh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko .....Opposite Party(s) 5. Learned counsel for the applicant states that it was the applicant who had taken the victim to the hospital as is evident from the hospital records. He argues that the dispute started with very small issue in between the family members and the applicant who is 62 years of age is in custody since 29.03.2023. 6. Learned AGA has opposed the bail application and based upon instructions, states that out of 12 witnesses, 4 witnesses have been examined so far. 7. Although, prima-facie the allegations are serious against the applicant, however, considering the facts that the applicant had taken the victim to the hospital, he is aged about 62 years, has no criminal antecedents and has suffered pre-trial detention of more than 2 & 1/2 years coupled with the fact that there is no likelihood of the trial being concluded in the near future, the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed. 8. Let the applicant Avadhesh be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.20,000/- each to the satisfaction of 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 12, 2025 nishant BAIL No. 14762 of 2023 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench