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2025 DAILYLAW 183094 (ALL)

ANIL KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/11708/2025 · 2025-12-05

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11708 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.109 of 2025, under sections 80(2), 85 BNS and Sections 3/4 D.P. Act, P.S. Rehra Bazar, District Balrampur. 3. Learned counsel for the applicant argues that in terms of FIR lodged through an application under Section 173(4) on 25.3.2025 it was alleged that the applicant who is husband had enticed daughter of informant and thereafter started living with the applicant. Subsequently entire matrimonial family used to harass her. It was also stated that a girl child was born to daughter of informant and subsequently entire matrimonial family killed her after dousing diesel on her. The dying declaration of the victim is on record wherein she stated that her sister in law had sprinkled petrol on her and entire matrimonial family killed her. She subsequently stated that her husband had not done anything. She also admitted that she has herself sprinkled petrol on her and the fire was lit by sister in law. It is argued by learned counsel for the applicant that the applicant is the husband and there is no allegations of demand of dowry or applicant having committed any offence. It is further argued that the applicant is admitted in KGMU and is undergoing treatment and is in severe condition. Versus Counsel for Applicant(s) : Iqbal Ahmad, Kartikey Shukla, Syed Monis Husain Kazmi Counsel for Opposite Party(s) : G.A. Anil Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) 4. Learned AGA has opposed the bail application. 5. Considering the dying declaration which does not implicate the applicant rather exonerated him, however, without commenting upon the merits of the case, the applicant who is in jail since 2.7.2025 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Anil Kumar 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 5, 2025 J. K. Dinkar BAIL No. 11708 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench