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2025 DAILYLAW 197737 (ALL)

SANTOSH KUMAR SHUKLA v. STATE OF U.P. THRU. PRIN. SECY. HOME AND ANOTHER

ABAIL/1284/2025 · 2025-11-21

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1284 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Supplementary affidavit filed today is taken on record. 2. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record. 3. The present application has been filed under Section 438 of Cr.P.C. seeking anticipatory bail apprehending arrest in FIR No.812 of 2020, under Sections 498A, 304B, 504 IPC and Sections 3/4 D.P. Act, P.S. Kotwali Sadar, District Lakhimpur Kheri. 4. Learned counsel for the applicant argues that in terms of FIR it was alleged that sister of informant was married to one of the accused Krishna Kant and sufficient dowry was also given. However entire matrimonial family killed her on 16.6.2020 on account of non payment of dowry. Cause of death was due to shock and hemorrhage. No injury was noticed on the body of the deceased. The applicant is not even the admittedly member of matrimonial family and has been linked only because he is friend of father in law. 5. Learned A.G.A. vehemently opposed the anticipatory bail prayer. 6. Considering the nature of allegations the age of the applicant which is about 62 years, the applicant is entitled for anticipatory bail. Accordingly, the anticipatory bail application is allowed. Versus Counsel for Applicant(s) : Aman Kumar Shrivastav Counsel for Opposite Party(s) : G.A. Santosh Kumar Shukla .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home And Another .....Opposite Party(s) 7. In the event of arrest, let the applicant Santosh Kumar Shukla be released on anticipatory bail in the abovesaid first information report number till conclusion of the trial on his furnishing personal bonds and two reliable sureties of Rs.30,000/- 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. (d) The applicant shall not leave India without the previous permission of the Court. November 21, 2025 J. K. Dinkar ABAIL No. 1284 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench