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2025 DAILYLAW 201339 (ALL)

DURGESH v. STATE OF U.P. THRU. SECY. HOME LKO. AND ANOTHER

/528/2025 · 2025-10-14

Pankaj Bhatia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 528 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant as well as learned AGA for the State. 2. The accused-applicant seeks bail in FIR/Case Crime No.281 of 2024 under Sections 85, 80(2), 115(2), 352, 92 BNS and Section 3/4 of DP Act, P.S.- Thangaon, District- Sitapur. 3. In terms of the FIR, it was alleged that the sister of the daughter of the informant was married to the applicant. Subsequently, on account of non- payment of dowry, she was killed. The cause of death as per the post- mortem report is ante-mortem hanging. It is further argued that the applicant is the husband. 4. Learned AGA has opposed the bail application. 5. Considering the facts and circumstances and the post-mortem report, and there being nothing specific against the applicant who is in custody since 06.10.2024 and has no previous criminal antecedent, I am of the view that the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant- Durgesh be released on bail in aforesaid FIR/Case Crime Number subject to her furnishing a personal bond and two reliable sureties of Rs.20,000/- (Twenty Thousand) each of the like amount to the satisfaction of the court concerned with the following conditions: Versus Counsel for Applicant(s) : Saurabh Yadav, Raghvendra Singh Counsel for Opposite Party(s) : G.A. Durgesh .....Applicant(s) State Of U.P. Thru. Secy. Home Lko. And Another .....Opposite Party(s) (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 14, 2025 V. Sinha BAIL No. 528 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench