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2025 DAILYLAW 178828 (ALL)

MAHENDRA KUMAR GUPTA v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.

BAIL/2704/2025 · 2025-11-06

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 2704 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant as well as learned AGA for the State. 2. The applicants seeks enlargement on bail in Case Crime/FIR No.283 of 2024, under Sections 80, 85, 352 of the Bharatiya Nyaya Sanhita, 2023 and Sections 3/4 of the Dowry Prohibition Act, 1961, Police Station - Ibrahimpur, District - Ambedkar Nagar. 3. Learned counsel for the applicant submits that in terms of the FIR it was alleged that the daughter of the informant was married with the applicant five three years ago. Subsequently, and the entire matrimonial family used to harrass her daughter for dowry and killed her. Cause of death is asphyxia due to strangulation due to ante-mortem injury and apart from ligature mark, abrasion was observed on the sub mental area and blackening of left upper eye. Learned counsel for the applicant draws attention of this court to the inquest report which records that the victim died during the treatment. The applicant is the husband. 4. Learned AGA has opposed the bail application. 5. Considering the inquest report which prima facie records that the victim died during the course of the treatment coupled with the fact that the applicant is in custody since 06.11.2024 and has no criminal antecedent, I am of the view that the applicant is entitled to be Versus Counsel for Applicant(s) : Santosh Kumar Srivastava Counsel for Opposite Party(s) : G.A. Mahendra Kumar Gupta .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant- Mahendra Kumar Gupta be released on bail in aforesaid FIR/Case Crime Number subject to his furnishing a personal bond and two reliable sureties of ₹ 20,000/- (Twenty Thousand) each of the like amount 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 6, 2025 Mohit Singh/- BAIL No. 2704 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench