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2025 DAILYLAW 199032 (ALL)

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

BAIL/790/2025 · 2025-11-14

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 790 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Rejoinder affidavit is taken on record. 2. Heard learned counsel for the applicant, learned AGA and perused the record. 3. The applicant seeks enlargement on bail in FIR No.0426 of 2023, under Section 498A, 304B IPC & Section 3/4 of D.P. Act, P.S. Maigalganj, District Kheri. 4. In terms of the FIR lodged under Section 306 IPC it was alleged that daughter of the informant was married to the applicant seven years ago and subsequently, on account of harassment, she committed suicide. Subsequently, the charge was altered to Section 304B IPC. The applicant is husband. Cause of death as per the postmortem report is antemortem hanging. 5. Learned AGA has opposed the bail application. 6. Considering the postmortem report and there being nothing on record to demonstrate that soon before her death the victim was harassed mentally or physically at the instance of the applicant in relation to demand of dowry, the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed. Versus Counsel for Applicant(s) : Nitin Rastogi Counsel for Opposite Party(s) : G.A. Mithlesh .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. .....Opposite Party(s) 7. Let the applicant Mithlesh 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. November 14, 2025 nishant BAIL No. 790 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench