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2025 DAILYLAW 197697 (ALL)

SHIV KUMAR v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. HOME LKO.

BAIL/1423/2025 · 2025-10-10

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 1423 of 2025 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.222 of 2024, under Sections 85, 80 B.N.S. and Sections 3/4 D.P. Act, P.S. Kakori, District Lucknow. 3. Learned counsel for the applicant argues that the FIR in question was lodged alleging that the daughter of the informant was married to the applicant. Subsequently she was killed for non payment of dowry. The cause of death as per the post mortem report is ante mortem hanging. The applicant is the husband. 4. Learned AGA has opposed the bail application. 5. Considering the post mortem report and the fact that the there is no material to link the applicant to establish that soon before the death the victim was harassed by the victim with regard to demand of dowry, however, without commenting upon the merits of the case, the applicant who is in jail since 7.9.2024 having no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Shiv Kumar be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.20,000/- Versus Counsel for Applicant(s) : Ram Mohan Mishra, Alok Kumar, Dinesh Kumar, Sanat Singh Counsel for Opposite Party(s) : G.A. Shiv Kumar .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko. .....Opposite Party(s) 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 10, 2025 J. K. Dinkar BAIL No. 1423 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench