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2025 DAILYLAW 190469 (ALL)

KHUSHIRAM v. STATE OF U.P. THRU. THE PRIN. SECY. HOME DEPTT. LUCKNOW

/1655/2024 · 2025-11-24

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 1655 of 2024 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.338 of 2023, under Section 498A, 304B, 302 IPC & Section 3/4 of D.P. Act, P.S. Risiya, District Bahraich. 3. In terms of the FIR it was alleged that daughter of the informant was married to the applicant around five years ago and subsequently, she was beaten and was found dead. Cause of death as per the postmortem report is antemortem strangulation. 4. Learned counsel for the applicant states that hyoid bone was not found to be fractured. The applicant is in custody since 12.09.2023 and has no criminal antecedents. 5. Learned AGA has opposed the bail application. 6. Considering the postmortem report which indicates injuries on the lower part of the body of the deceased and considering the nature of the injuries indicated on the hyoid bone, the applicant who has no criminal antecedents and is in custody since 12.08.2023 is entitled to be enlarged on bail. In view thereof, the application is allowed. Versus Counsel for Applicant(s) : Hom Narayan Awasthi Counsel for Opposite Party(s) : G.A., Arun Kumar Mishra, Udit Narayan Khushiram .....Applicant(s) State Of U.P. Thru. The Prin. Secy. Home Deptt. Lucknow .....Opposite Party(s) 7. Let the applicant Khushiram be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of the like amount 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. November 24, 2025 nishant BAIL No. 1655 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench