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2025 DAILYLAW 202140 (ALL)

SANJAY KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

BAIL/7549/2025 · 2025-10-16

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 7549 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. The accused-applicant seeks bail in FIR/Case Crime No.290 of 2024 under sections 363, 366-A, 376, 305 IPC and section 5/6 POCSO Act, P.S. Chanda, District Sultanpur. 3. In terms of the FIR, it was alleged that the daughter of the informant was married to the applicant in the year 2022. Subsequently, the matrimonial family was not happy with the dowry and she was informed that she had committed suicide and apprehension was expressed that as there was several injuries, as such, it was a case of murder. The postmortem report on record indicates the cause of death as ante-mortem hanging and apart from the ligature mark, no other injury was observed. The applicant is being prosecuted for the offence under section 305 IPC. 4. Considering the material on record, there is no material to suggest abetment at the instance of the applicant as defined under the Act, as such, considering the law 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 17.10.2024 and has no criminal history is entitled for the bail. Thus the bail application is allowed. Versus Counsel for Applicant(s) : Ramakar Shukla Counsel for Opposite Party(s) : G.A. Sanjay Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) 5. Let the applicant Sanjay Kumar be released on bail in aforesaid FIR/Case Crime Number subject to his 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 16, 2025 VNP/- BAIL No. 7549 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench