Luvkush Vs State of U.P. Thru. Prin. Secy. Home Lko.

Neutral Citation No. - 2025:AHC-LKO:20359

Court No. - 17

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1670 of 2025 Applicant :- Luvkush Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Hom Narayan Awasthi Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Singh,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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The instant bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 59 of 2024, u/s 498-A, 304-B I.P.C. and 3/4 of D.P. Act, Police Station- Sonwa, District- Shrawasti.

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Learned counsel for the applicant submits that marriage of the applicant was solemnised with the daughter of the informant of the present case on 08.05.2019 and twice she conceived and delivered children, but they could not survived, as a result, she became depressed. He further submits that the applicant and other family members were continuously cooperating with the applicant's wife for her recovery from depression, but suddenly she committed suicide and thereafter, information about the same was also given to the informant and other family members. He next submits that except ligature mark around the neck, no other injury was found on the body of the deceased. He also submits that the applicant, who does not have any criminal antecedent, is in jail since 22.04.2024 and ready to cooperate in the trial. He lastly submits that till today, only examination-in-chief of the informant has been recorded and as there is no possibility of conclusion of the trial in near future, the applicant may be enlarged on bail.

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Learned A.G.A. vehemently opposes the prayer of the applicant and submits that in examination-in-chief of the P.W.1, he supported the prosecution version. However, he does not dispute the fact that except ligature mark around the neck, no other injury is found on the body of the deceased.

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Considering the submissions of learned counsel for the parties and going through the contents of the F.I.R., inquest report, postmortem report, examination-in-chief of P.W.-1 recorded before the trial Court, it is evident that the applicant is in jail since 22.04.2024, but only examination-in-chief of P.W.1 is recorded till today. Therefore, this is a fit case for bail. The present bail application is allowed .

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Let the applicant- Luvkush who is involved in aforementioned case crime 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 subject to following conditions:

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(i) The applicant shall not commit or participate in any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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(ii) 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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(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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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(iv) 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 under Section 229-A IPC.

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(v) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C., may be issued and if 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 174-A IPC.

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(vi) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 10.4.2025 Arpan

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

Luvkush v. State of U.P. Thru. Prin. Secy. Home Lko.

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