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2025 DAILYLAW 196683 (ALL)

OM PRAKASH DUBEY AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.

BAIL/12674/2025 · 2025-12-18

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12674 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicants, learned AGA and perused the record. 2. The applicants seek enlargement on bail in FIR No.238 of 2025, under Sections 85, 80(2), 352 BNS & Section 3/4 of D.P. Act, P.S. Janpkipuram, District Lucknow. 3. In terms of the FIR, allegations were levelled that sister of the informant was married to the son of the applicants on 27.01.2024 and subsequently, demands for dowry were being made. It was stated that on 04.10.2025 information was received that the victim has fallen from terrace. It was also stated that the applicants who are father-in-law and mother-in-law had a separate living. Cause of death, as per the postmortem report, is antemortem injuries on account of falling from terrace. The applicants are father-in-law and mother-in-law aged about 70 years and 65 years respectively. 4. Learned AGA has opposed the bail application. 5. Considering the fact that the applicants were having a separate living and there is no direct allegation against the applicants of having demanded dowry or having harassed the victim soon before her death in relation to demand of dowry, the applicants are entitled to be enlarged on bail. In view thereof, the application is allowed. Versus Counsel for Applicant(s) : Rajiv Kumar Bajpai, Ashhad Ali Siddiqui, Gopal Narain Misra, Santosh Kumar Choudhary Counsel for Opposite Party(s) : G.A. Om Prakash Dubey And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) 6. Let the applicants Om Prakash Dubey and Vineeta Dubey be released on bail in aforesaid FIR number on their furnishing a personal bond with two sureties of Rs.20,000/- each to the satisfaction of court concerned with the following conditions: (a) The applicants shall execute a bond to undertake to attend the hearings; (b) The applicants shall not commit any offence similar to the offence of which they are accused or suspected of the commission; and (c) The applicants 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 18, 2025 nishant BAIL No. 12674 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench