Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 202247 (ALL)

ARVIND v. STATE OF U.P. THRU. SECY. OF HOME DEPTT. LKO.

BAIL/2601/2025 · 2025-10-16

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. - 2601 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.115 of 2024 under Sections 323, 306, 498A, 504, 506 IPC, P.S.- Bandhuakala, District- Sultanpur. 3. In terms of the FIR, it was alleged that the sister of the informant was married to the applicant around nine years ago. Subsequently, on account of non-payment of dowry, she was killed by her matrimonial family. The cause of death as per the post-mortem report was ante-mortem hanging. It is further argued that the applicant is the husband and he is being prosecute for the main offence under Section 306 IPC. It is further submitted that there is no material to suggest that soon before the death of deceased, the applicant had subjected the victim to physical or mental harassment. 4. Learned AGA has opposed the bail application. 5. Considering the facts and circumstances and the post-mortem report and allegations with regard to the abetment of suicide as defined under Section 306 of IPC are apparently missing coupled with the fact that the applicant who is in custody since 04.11.2024 and has no previous criminal antecedent, I am of the view that the applicant is entitled to be enlarged on Versus Counsel for Applicant(s) : Arvind Kumar Srivastava, Rahul Dixit, Rajiv Kumar Bajpai, Shabana Rizvi, Suparna Mishra, Vikas Mishra Counsel for Opposite Party(s) : G.A. Arvind .....Applicant(s) State Of U.P. Thru. Secy. Of Home Deptt. Lko. .....Opposite Party(s) bail. In view thereof, the application is allowed. 6. Let the applicant- Arvind 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: (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 V. Sinha BAIL No. 2601 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench