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2025 DAILYLAW 201486 (ALL)

AWADHESH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

/9873/2025 · 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. - 9873 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. 3. The accused-applicant seeks bail in FIR/Case Crime No.265 of 2025 under section 108 BNS, P.S. Isha Nagar, District Lakhimpur Kheri. 4. In terms of the FIR, it was alleged that the sister of the informant was married to the applicant around six years ago and sufficient dowry was also given. Subsequently, she was harassed for more dowry and thereafter she was killed by the entire matrimonial family for non-payment of dowry. The cause of death, as per the postmortem report, is ante-mortem hanging. The applicant is the father-in-law. It is argued that the co-accused has been enlarged on bail. 5. Considering the postmortem report and there being no specific allegation against the applicant of having caused the mental or physical harassment to the deceased soon before her death in relation to demand of dowry coupled with the fact that there being no material to suggest abetment as defined under the Act as explained in the case of Mariano Anto Bruno and another vs. Inspector of Police; 2022 SCC Online SC 1387, the applicant who is in custody since 26.06.2025 and has no criminal history is entitled for the bail. Thus the bail application is allowed. 6. Let the applicant Awadhesh be released on bail in aforesaid FIR/Case Versus Counsel for Applicant(s) : Subodh Kumar Pandey Counsel for Opposite Party(s) : G.A. Awadhesh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) 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: (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 VNP/- BAIL No. 9873 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench