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2025 DAILYLAW 202957 (ALL)

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

BAIL/8344/2024 · 2025-11-12

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8344 of 2024 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard Ms Pooja Tiwari, learned counsel for the applicant, learned AGA and perused the record. 2. The applicant seeks enlargement on bail in FIR No.197 of 2024, under Sections 498A, 304B IPC and Sections 3/4 D.P. Act, P.S. Satrikh, District Barabanki. 3. Learned counsel for the applicant argues that the FIR in question was lodged alleging that the sister of the informant was married to the applicant. Subsequently she was killed on account of non payment of dowry. The cause of death as per the post mortem report is ante mortem hanging. The applicant is the husband. 4. Learned AGA has opposed the bail application. 5. Considering the post mortem report and there being nothing specific against the applicant of having caused physical or mental harassment of the deceased before her death with regard to demand of dowry, however, without commenting upon the merits of the case, the applicant who is in jail since 27.4.2024 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Mukesh Kumar be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.20,000/- each to the satisfaction of court concerned with the following conditions: Versus Counsel for Applicant(s) : Suresh Kumar Yadav, Farooq Ayoob, Km. Pooja Tiwari, Sudhir Upadhyay Counsel for Opposite Party(s) : G.A., Ajaay Kumar Singh Mukesh Kumar .....Applicant(s) State Of U.P Thru. Prin. Secy. Home Lko. .....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. November 12, 2025 J. K. Dinkar BAIL No. 8344 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench