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2025 DAILYLAW 202282 (ALL)

DEEPAK KUMAR MISHRA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO

BAIL/2734/2025 · 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. - 2734 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Counter affidavit and supplementary affidavit filed today are taken on record. 2. Heard learned counsel for the applicant as well as learned AGA for the State. 3. The accused-applicant seeks bail in FIR/Case Crime No.291 of 2024 under Sections 85, 80(2) BNS and Section 3/4 of DP Act, P.S.- Ahirauli, District- Ambedkar Nagar. 4. In terms of the FIR, it was alleged that the daughter of the informant was married to the applicant. Subsequently, on account of non-payment of dowry, she was killed by her matrimonial family. The cause of death was not ascertained in the post-mortem report and in the viscera report, presence of Aluminium Phosphate was found. It is further argued that the applicant is the husband and there is no material to suggest that soon before the death of deceased, the applicant had subjected the victim to physical or mental harassment in relation to the demand of dowry. 5. Learned AGA has opposed the bail application. 6. Considering the facts and circumstances and the post-mortem report/viscera report, and there being nothing specific against the applicant who is in custody since 27.12.2024 and has no previous criminal antecedent, Versus Counsel for Applicant(s) : Shobh Nath Pandey, Sanjay Kumar Singh Counsel for Opposite Party(s) : G.A., Rahul Mishra, Rinku Verma Deepak Kumar Mishra .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko .....Opposite Party(s) I am of the view that the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed. 7. Let the applicant- Deepak Kumar Mishra 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. 2734 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench