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2025 DAILYLAW 177487 (ALL)

FARMAN v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

/9962/2024 · 2025-11-19

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9962 of 2024 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. The accused-applicant seeks bail in FIR/Case Crime No.322 of 2024 under sections 498-A, 304B and 302 IPC, and section 3/4 DP Act, P.S. Motipur, District Bahraich. 3. In terms of the FIR, it was alleged that the daughter of the informant was married to the applicant around one month ago, and subsequently, the entire matrimonial family had killed her for dowry. It was informed that she had committed suicide. 4. In light of the said, the counsel for the applicant draws my attention to the inquest report, wherein no injury was observed on the body of the victim and a view was formed that she had committed suicide. The postmortem report on record indicated the presence of eight injuries, which, according to the applicant, could have occurred when the body was lowered. The hyoid bone was found to be fractured, for which it was recorded that it was a case of ante-mortem strangulation. The applicant is the husband, and the co-accused has been enlarged on bail. The applicant is in custody since 27.06.2024. 5. Considering the postmortem report, and the fact that the applicant is in custody for more than one and a half years and even the charges have not been framed, the applicant, who has no criminal history, is entitled to bail. Thus the bail application is allowed. Versus Counsel for Applicant(s) : Sumit Chauhan, Amit Bhardwaj, Bhairo Nath, Vishnu Narayan Sharma Counsel for Opposite Party(s) : G.A., Ashish Raman Mishra Farman .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) 6. Let the applicant Farman be released on bail in aforesaid FIR/Case Crime Number subject to his furnishing a personal bond and two reliable sureties of Rs.20,000/- (Twenty Thousand) each of the like amount 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 19, 2025 VNP/- BAIL No. 9962 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench