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2025 DAILYLAW 179097 (ALL)

MUNSHILAL YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

/9483/2025 · 2025-11-27

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9483 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Counter affidavit filed by the State is taken on record. 2. Heard learned counsel for the applicant as well as learned A.G.A. and Sri Ved Prakash Patel, learned Counsel for the complainant. 3. The applicant seeks enlargement on bail in FIR No.151 of 2025m, under Section 85, 80(2) of BNS and Section 3/4 of D.P. Act, Police Station Baddupur, District Barabanki. 4. In terms of the FIR initially lodged under Section 140(3) of BNS, it was alleged that the wife of the informant aged about 24 years was abducted by unknown person and hiding her. Subsequently, the body of the wife of the informant was recovered from a river. As per the postmortem report, the cause of death could not be ascertained as the body was found in decompose stage. Subsequently, the brother of the deceased moved an application alleging the demand of dowry and based upon which, the applicant and the co-accused was linked with the offence in question. 5. Submission of the Counsel for the applicant is that after recovery of the body of the deceased, the brother of the deceased submitted an application alleging that the deceased was killed due to non-fulfillment of the dowry. The applicant has no criminal antecedents and is in custody since 20.05.2025. Versus Counsel for Applicant(s) : Shailendra Singh Counsel for Opposite Party(s) : G.A., Anand Pratap Singh, Manoj Kumar Nishad Munshilal Yadav .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) 6. Learned A.G.A. vehemently opposed the bail prayer. 7. Considering the postmortem report not indicating the cause of death and there being nothing against the applicant to suggest that soon before her death, the victim was subjected to any physical or mental harassment in relation to any demand of dowry coupled with the fact that the applicant has no criminal antecedents and is languishing in jail since 20.05.2025, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. 8. Accordingly, the bail application is allowed. 8. Let the applicant Munshilal Yadav 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 27, 2025 akverma BAIL No. 9483 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench