ASHISH RASTOGI v. STATE OF U.P. THRU. PRIN.SECY. HOME DEPTT. LKO.
BAIL/7407/2025 · 2025-11-14
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 178885 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 178885 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 7407 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J.
1. Supplementary affidavit filed today is taken on record. 2. Heard learned counsel for the applicant, learned AGA for the State, Shri Manoj Kumar Singh, learned counsel for the informant and perused the record. 3. The applicant seeks enlargement on bail in FIR No.32 of 2025, under sections 80(2), 85, 103(1) BNS and Section 3/4 D.P. Act, P.S. Kotwali Nagar, District Bahraich. 4. Learned counsel for the applicant argues that in terms of FIR it was alleged that allegations were levelled that sister of the informant was married to the applicant in the year 2023 and sufficient dowry was also given. However entire matrimonial family had sprinkled kerosene oil and burnt her to death. In the dying declaration the deceased levelled allegations on the brother of the applicant and with respect to the applicant she stated that the applicant tried to pour water to douse the fire. No allegations were levelled against the applicant who is the husband. Subsequently the informant and two witnesses have not supported the prosecution story in terms of the statement recorded during trial. 5. Learned AGA and learned counsel for the informant have opposed the bail application. 6. Considering the dying declaration not implicating the applicant and Versus Counsel for Applicant(s) : Manoj Kumari Tiwari Counsel for Opposite Party(s) : G.A., Manoj Kumar Singh Ashish Rastogi .....Applicant(s) State Of U.P. Thru. Prin.Secy. Home Deptt. Lko. .....Opposite Party(s)
three statements recorded subsequently, however, without commenting upon the merits of the case, the applicant who is in jail since 20.5.2025 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. 7.
Let the applicant Ashish Rastogi 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 14, 2025 J. K. Dinkar BAIL No. 7407 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench