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2025 DAILYLAW 197944 (ALL)

RUPAK TIWARI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO

BAIL/9974/2025 · 2025-10-15

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9974 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, learned AGA for the State, Shri Krishna Kumar Singh, learned counsel for the informant and perused the record. 3. The applicant seeks enlargement on bail in FIR No.165 of 2025, under Sections 85, 108 BNS, P.S. Jankipuram, District Lucknow. 4. Learned counsel for the applicant argues that in terms of FIR it was alleged that the sister of the informant was married around 7 years ago and sufficient dowry was also given. However the sister was killed by the matrimonial family. In the light of the said allegations learned counsel for the applicant argues that the cause of death as per post mortem report is ante mortem hanging and apart from ligature mark one injury was seen on the wrist. It is argued that no material exists to implicate the applicant under Section 108 BNS. The applicant is the husband. 5. Reliance has been placed on judgement of Hon'ble Supreme Court in the case of Jayedeepsinh Pravinsinh Chavda and others vs State of Gujarat, (2025) 2 SCC 116. 6. Learned AGA and learned counsel for the informant have opposed the bail application. Versus Counsel for Applicant(s) : Rishabh Chauhan, Atul Krishna, Prajjwal Harsh, Praveen Kumar Yadav Counsel for Opposite Party(s) : G.A. Rupak Tiwari .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko .....Opposite Party(s) 7. Considering there being no material which points out towards abetment at the instance of applicant and considering the law laid down by Hon'ble Supreme Court in the case of Jayedeepsinh Pravinsinh Chavda (supra), however, without commenting upon the merits of the case, the applicant who is in jail since 21.8.2025 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. 8. Let the applicant Rupak Tiwari 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. 9. However the trial shall be expedited. October 15, 2025 J. K. Dinkar BAIL No. 9974 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench