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2025 DAILYLAW 185945 (ALL)

SUNDAR LAL YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

ABAIL/1205/2025 · 2025-10-31

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1205 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record. No one appears on behalf of the informant despite service of notice. 2. The present application has been filed under Section 438 of BNSS seeking anticipatory bail apprehending arrest in Complaint Case No. 12135 of 2023, under Sections 498A, 304B, IPC and Sections 3/4 D.P. Act, P.S. Kotwali Dehat, District Bahraich. 3. Learned counsel for the applicant argues that in terms of FIR it was alleged that the daughter of the informant was married to the son of the applicant and subsequently on non payment of dowry she was killed. The victim died on account of ante mortem burn injuries. Dying declaration was also recorded wherein she stated that on account of an incident she suffered burn injuries. In view of the said final report was filed on two occasion however on protest petition the applicant has been summoned. The applicant is father in law and is aged about 72 years. 4. Learned A.G.A. vehemently opposed the anticipatory bail prayer. 5. Considering the dying declaration and that twice final report was filed, prima facie, case for grant of anticipatory bail is made out. Accordingly, the anticipatory bail application is allowed. Versus Counsel for Applicant(s) : Ashutosh Bajpai Counsel for Opposite Party(s) : G.A. Sundar Lal Yadav .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) 6. In the event of arrest, let the applicant Sundar Lal Yadav be released on anticipatory bail in the abovesaid Complaint Case number till conclusion of the trial 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. (d) The applicant shall not leave India without the previous permission of the Court. October 31, 2025 J. K. Dinkar ABAIL No. 1205 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench