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Allahabad High Court · body

2025 DAILYLAW 194986 (ALL)

KAMLESH KUMAR v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO.

BAIL/12708/2025 · 2025-12-19

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12708 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. 2. The applicant seeks enlargement on bail in FIR No.322 of 2025, under Section 85, 80(2) of BNS and Section 3/4 of D.P. Act, Police Station Sharda Nagar, District Lakhimpur Kheri. 3. In terms of the FIR, it was alleged that the daughter of the informant was married to the brother of the applicant five years ago. Subsequently, on account of non-payment of dowry, she was killed by the entire matrimonial family. The cause of death, as per the postmortem report, was ante mortem hanging and apart from ligature mark, no other injury was observed. The applicant is the brother-in-law of the deceased. 4. Learned A.G.A. vehemently opposed the bail prayer. 5. Considering the postmortem report indicating no injury except for ligature mark and there being nothing against the applicant to suggest that soon before her death, the victim was subjected to any physical or mental harassment in relation to any demand of dowry coupled with the fact that the applicant has no criminal antecedents and is languishing in jail since 19.11.2025, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. 6. Let the applicant Kamlesh Kumar be released on bail in the abovesaid Versus Counsel for Applicant(s) : Anand Kumar Counsel for Opposite Party(s) : G.A. Kamlesh Kumar .....Applicant(s) State Of U.P. Thru. Secy. Home Deptt. Lko. .....Opposite Party(s) first information report number 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. December 19, 2025 akverma BAIL No. 12708 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench