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2025 DAILYLAW 179313 (ALL)

RAJESH KUMAR MAURYA v. STATE OF U.P.THRU. PRIN. SECY. HOME CIVIL SECTT. LKO.

BAIL/12413/2025 · 2025-12-11

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12413 of 2025 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.152 of 2025, under sections 85, 80(2) BNS, Sections 3/4 D P Act, P.S. Kheri, District Lakhimpur Kheri. 3. Learned counsel for the applicant argues that in terms of FIR it was alleged that daughter of the informant aged about 45 years who was suffering from 70% disability was married with the applicant with similar disability. Subsequently information was received that the victim was suffering from injuries. Subsequently she was found dead. Allegations were levelled that the entire matrimonial family had killed her after beating her and allegations of demand of dowry was also levelled. Post mortem report on record indicates presence of 3 injuries which includes contusion and abrasion injuries which according to the applicant arose when the deceased fell. The disability certificate of the applicant is also on record. The applicant is the husband. 4. Learned AGA has opposed the bail application. 5. Considering the nature of injuries prima facie the deceased died on account of falling cannot be ruled out. Considering the post mortem report and prima facie nothing against the applicant who himself is disabled Versus Counsel for Applicant(s) : Subodh Kumar Pandey Counsel for Opposite Party(s) : G.A. Rajesh Kumar Maurya .....Applicant(s) State Of U.P.Thru. Prin. Secy. Home Civil Sectt. Lko. .....Opposite Party(s) suggest that the applicant has subjected the victim to physical and mental harassment soon before her death on account of demand of dowry, however, without commenting upon the merits of the case, the applicant who is in jail since 9.4.2025 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Rajesh Kumar Maurya 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. December 11, 2025 J. K. Dinkar BAIL No. 12413 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench