JASWANT v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO
BAIL/9538/2025 · 2025-10-07
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 196483 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 196483 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9538 of 2025
Court No. - 12 HON'BLE PANKAJ BHATIA, J.
1. Heard learned counsel for the applicant, learned AGA for the State; Shri Rajat Awasthi, learned counsel for the complainant and perused the record. 2. The applicant seeks enlargement on bail in FIR No.0105 of 2025, under Section 80(2), 85, 92 of BNS and Section 3/4 of D.P. Act, P.S. Sadarpur, District Sitapur. 3. The FIR in question was lodged alleging that the daughter of the informant was married to the applicant around four years ago and a demand of dowry was being raised. It was also stated that the daughter of the informant was carrying a fetus of nine months and negligence was being done with regard to her treatment and subsequently, on 29.05.2025 she was informed that the daughter had died. 4. In the light of the said allegation, learned counsel for the applicant argues that the victim who was carrying a fetus of 9 months fell and sustained injuries for which she was taken to the hospital by the applicant who is the husband as is evident from the statement of the doctor on record at Page 95 who had referred her to Lucknow. My attention is also drawn to the postmortem report to argue that no injury was found on the body except the ante mortem injury sustained on account of the rupture of fetus which was also the cause of death. My attention is also drawn to the statement of the Panch who was of the prima-facie opinion that the cause of death was on Versus Counsel for Applicant(s) : Gajendra Pratap Singh, Abhishek Singh, Gautam Singh Yadav Counsel for Opposite Party(s) : G.A. Jaswant .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko .....Opposite Party(s)
account of complication arising out of delivery. 5. Learned AGA has opposed the bail application. 6. Considering the FIR and the material on record, prima-facie, a case to continue the detention of the applicant who is in custody since 02.06.2025 is not made out, particularly, when the applicant has no criminal antecedent, as such, the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed. 7.
Let the applicant Jaswant 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. October 7, 2025 nishant BAIL No. 9538 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench