Allowed¶16

Vijay Kumar v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko.

Allahabad HC12 May 2025BAIL/13185/2024

Case brief

AI extract

What is this about?

Bail allowed; dowry-related death/hanging allegation; Sections 80, 85 B.N.S.; Section 3/4 D.P. Act; ante mortem hanging; ligature mark 6 cm; FIR 29.07.2024; charge sheet 10.08.2024; parity with bailed co-accused father Tirathram; no criminal history; custody since 31.07.2024; investigation concluded; Gonda/Khargupur; Lucknow Bench; Subhash Vidyarthi, J.; 2025:AHC-LKO:28017.

What did the court decide?

Bail application allowed; applicant Vijay Kumar to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the magistrate/court concerned, subject to conditions: (i) not tampering with prosecution evidence; (ii) not pressurizing prosecution witnesses; (iii) appearance on each and every date fixed by the trial court. ¶16

Vijay Kumar Vs State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the applicant Vijay Kumar, charged in Case Crime No. 199/2024 (Sections 80, 85 B.N.S. and Section 3/4 D.P. Act, P.S. Khargupur, District Gonda), is entitled to be released on bail.

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Court's answer

Having regard to the post mortem showing no injury except a ligature mark (death opined as asphyxia due to ante mortem hanging), identical FIR allegations against both accused, bail already granted to other/co-accused persons, the applicant's absence of criminal history, custody since 31.07.2024 and concluded investigation, the facts are sufficient to enlarge the applicant on bail in the aforesaid crime.

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Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Bench: Hon'ble Subhash Vidyarthi, J. (single judge); Neutral Citation 2025:AHC-LKO:28017; decided 12.5.2025. Criminal Misc. Bail Application No. 13185 of 2024: bail ALLOWED to applicant Vijay Kumar in Case Crime No. 199/2024, P.S. Khargupur, District Gonda, under Sections 80, 85 B.N.S. and Section 3/4 D.P. Act. FIR dated 29.07.2024 alleged dowry harassment of the informant's sister (married to the applicant on 01.07.2021) and her death by hanging on 25.07.2024. Post mortem disclosed only a 6 cm ligature mark around the neck, cause of death asphyxia due to ante mortem hanging, no other external injury; charge sheet dated 10.08.2024; father-co-accused Tirathram already bailed (order dated 21.10.2024 in Crl. Misc. Bail Application No. 11013 of 2024); applicant in jail since 31.07.2024 with no criminal history and investigation concluded. Release ordered on personal bond and two sureties each in the like amount, with conditions not to tamper with prosecution evidence, not to pressurize witnesses, and to appear on each trial-court date.

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Neutral Citation No. - 2025:AHC-LKO:28017

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Court No. - 15

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13185 of 2024

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Applicant :- Vijay Kumar Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. Counsel for Applicant :- Pankaj Kumar Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Pankaj Kumar Shukla, the learned counsel for the applicant, Sri Alok Kumar Tiwari, the learned AGA for the State and perused the records.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 199/2024, under Sections 80, 85 B.N.S. and Section 3/4 D.P. Act, Police Station Khargupur, District Gonda.

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The aforesaid case has been registered on the basis of an F.I.R. lodged on 29.07.2024 against the applicant and his father, stating that the informant had got his sister married to the applicant on 01.07.2021; that the accused persons used to harass her for demanding dowry and they killed her by hanging on 25.07.2024.

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The post mortem examination mentions a ligature mark around the neck with a gap of 6 cm and the cause of death has been opined to be asphyxia due to ante mortem hanging. The post mortem examination report mentions no other external injury was seen all over the body.

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In the affidavit filed in support of the application, it has

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been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history.

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The applicant's father-co-accused Tirathram has already been granted bail by means of order dated 21.10.2024 passed by this Court in Crl. Misc. Bail Application No. 11013 of 2024.

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The State has filed a counter affidavit annexing therewith copies of material collected during investigation and a copy of charge sheet dated 10.08.2024

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Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that although the FIR alleges that the accused persons had killed the victim, the post mortem examination report mentions no injury except a ligature mark around the neck and cause of death has been opined to be asphyxia due to ante mortem handing; that the FIR levels similar allegations against both the accused persons and other accused persons have also been granted bail and that the applicant has not criminal history, he is languishing in jail since 31.07.2024 whereas the investigation stands concluded, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

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Accordingly, this bail application stands allowed.

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Let the applicant-Vijay Kumar be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

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(i) the applicant shall not tamper with the prosecution

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evidence;

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(ii) the applicant shall not pressurize the prosecution witnesses;

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(iii) the applicant shall appear on each and every date fixed by the trial court.

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Order Date :- 12.5.2025 Pradeep/-

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Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench

Vijay Kumar v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko.

Case brief

What is this about?

What did the court decide?

Vijay Kumar v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

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