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2025 DAILYLAW 181643 (ALL)

BRIJESH SRIVASTAVA @ RINKU v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/12364/2025 · 2025-12-11

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12364 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.239 of 2025, under Sections 80(2), 85 BNS and Sections 3/4 D.P. Act, P.S. Itiyathok, District Gonda. 3. Learned counsel for the applicant argues that in terms of FIR it was alleged that daughter of informant was married to the applicant in the year 2022. Subsequently the entire matrimonial family used to harass her for demand of dowry and she was hanged to death. Post mortem report indicates presence of ligature mark and contusion injuries below on the body of the deceased which according to learned counsel for the applicant occurred on account of lowering of the body. The applicant is husband. Co accused father in law has been enlarged on bail vide order dated 4.12.2025 passed in Criminal Misc Bail Application No. 12137 of 2025. 4. Learned AGA has opposed the bail application. 5. Considering the post mortem report and there being nothing specific against the applicant of having caused physical or mental harassment of the deceased before her death with regard to demand of dowry, however, without commenting upon the merits of the case, the applicant who is in jail since 22.10.2025 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. Versus Counsel for Applicant(s) : Dinesh Kumar Shukla Counsel for Opposite Party(s) : G.A. Brijesh Srivastava @ Rinku .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) 6. Let the applicant Brijesh Srivastava @ Rinku 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. 12364 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench