Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 183405 (ALL)

SURAJ @ SURAJ BANSAL v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO.

BAIL/8649/2024 · 2025-11-06

Pankaj Bhatia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8649 of 2024 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA for the State as well as Sri Ashish Kumar Singh who appears for the informant. 2. The accused-applicant seeks bail in FIR/Case Crime No.240 of 2023 under sections 498-A, 304-B IPC and section 3/4 DP Act, P.S. Bakshi Ka Talab, District Lucknow. 3. In terms of the FIR, it was alleged that the sister of the informant was married to the applicant on 03.05.2023 and sufficient dowry was also given, however, on account of non-payment of dowry, the entire matrimonial family had killed her. The cause of death, as per the postmortem report on record along with the Counter Affidavit filed by the State, indicates ante- mortem throttling, however, as many as six injuries were also observed on the body of the deceased. 4. In the light of the said allegations, the counsel for the applicant, who is the husband, argues that the co-accused were enlarged on bail although on different grounds and the applicant was not present at the spot wherein the death occurred. Thus, he is being falsely prosecuted. The applicant has no criminal history and is in custody since 14.07.2023. 5. The counsel for the informant, strongly, opposes the bail application by arguing that as per the report of the IO and the CDR analysis, the applicant was found at the place where the alleged incident occurred and Versus Counsel for Applicant(s) : Santosh Kumar Tripathi Counsel for Opposite Party(s) : G.A., Ashish Kumar Singh, Atul Kumar Mishra Suraj @ Suraj Bansal .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home U.P. Lko. .....Opposite Party(s) thus, considering the fact that the death had occurred within two months of marriage, the bail application deserves to be rejected. 6. It is admitted in between the parties that four of the fact witnesses have already been examined. 7. Although, the offence, per-se, appears to be grave in view of the nature of the injuries on the body of the deceased, however, all the fact witnesses have been examined and the applicant having no criminal history and is in custody since 14.07.2023, thus, without going to the merits and the finding that there is no material to suggest that the applicant can adversely affect the trial, if enlarged on bail, the applicant is entitled for the bail. T he bail application is allowed. 8. Let the applicant Suraj @ Suraj Bansal be released on bail in aforesaid FIR/Case Crime Number subject to his furnishing a personal bond and two reliable sureties of Rs.20,000/- (Twenty Thousand) each of the like amount 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 6, 2025 VNP/- BAIL No. 8649 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench