Kaushal Kishor Vs State of U.P. Thru. Secy. Home Lko

Neutral Citation No. - 2025:AHC-LKO:48542

Court No. - 12

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11281 of 2024

Applicant :- Kaushal Kishor Opposite Party :- State Of U.P. Thru. Secy. Home Lko Counsel for Applicant :- Rizwanul Haque Ansari,Adarsh Shukla,Aman Kumar Shrivastav,Amit Kumar Awasthi,Prince Singh,Santi,Vineet Jaiswal Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the applicant, learned AGA for the State and perused the record.

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Learned counsel for the applicant submits that the applicant is the husband of the deceased. The alleged occurrence has taken place on 19.5.2024. The application under Section 156(3) CrPC has been filed after delay on 14.6.2024 and on the basis thereof, the FIR has been lodged on 9.7.2024. It is submitted that both the applicant and the victim got married in the year 2007. As per the post-mortem report, the cause of death is asphyxia as a result of ante-mortem hanging. There are no ante-mortem injuries found on the body of the deceased. Moreover, there is no independent eye-witness to the alleged incident. Thus, the applicant has been falsely implicated in the present case.

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It is further submitted that the applicant has no criminal history and he is languishing in jail since 16.8.2024. Charge-sheet in the case has been filed. There is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.

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Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

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On due consideration to the submissions advanced, perusal of the record, the post-mortem report so also the fact that there are no ante-mortem injuries found on the body of the deceased; the applicant has no criminal history; he is languishing in jail since 16.8.2024; charge-sheet in the case has been filed and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail.

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Accordingly, the bail application is allowed .

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Let the applicant- Kaushal Kishor involved in Case Crime No.

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307 of 2024, under Sections 498A/306 IPC & Section 3/4 of Dowry Prohibition Act, Police Station- Bhira, District- Kheri, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurize/ intimidate the prosecution witness.

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(iii) 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.

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(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him in accordance with law.

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(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 B.N.S.S. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of B.N.S.

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Order Date :- 19.8.2025 Shravan

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Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Kaushal Kishor v. State of U.P. Thru. Secy. Home Lko

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