Ankit @ Chhotu @ Amit Vs State of U.P. Thru. Prin. Secy. Home Lko

Neutral Citation No. - 2025:AHC-LKO:12915

Court No. - 11

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1810 of 2025

Applicant :- Ankit @ Chhotu @ Amit Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Wasim Ahmad Counsel for Opposite Party :- G.A.

¶5

Hon'ble Rajesh Singh Chauhan,J.

¶6

Heard Sri Wasim Ahmad, learned counsel for the applicant and Sri Ravi Srivastava, learned A.G.A. for the State.

¶7

As per learned counsel for the applicant, the present applicant is languishing in jail since 28.10.2024 in Case Crime No.344 of 2024, under Section 80(2), 85 of Bharatiya Nyaya Sanhita, 2023 (in short B.N.S) and Section 3/4 D.P. Act, Police StationSadarpur, District- Sitapur. He has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story.

¶8

Attention has been drawn towards impugned FIR wherein the entire family has been implicated on the allegation of demand of dowry and torture to the deceased. The present applicant is an unmarried brother-in-law of the deceased. He has nothing to do with the family affairs of the deceased or her husband, who is brother of the present applicant. The husband of the deceased is in jail. The present applicant was having cordial relation with his sister-in-law (Bhabhi). The cause of death cannot be ascertained, therefore, viscera was preserved. There is no antemortem injury on the body of the deceased. No specific allegation has been levelled agains the present applicant and no specific role has been attributed to him. The parents of the present applicant have been granted anticipatory bail as their orders have been enclosed as Annexures-7 & 8 respectively. The present applicant is having no prior criminal history of any kind whatsoever. Charge-sheet has been filed.

¶9

The learned counsel for the applicant has given an undertaking on behalf of applicant that the applicant shall not misuse the liberty of bail and shall cooperate with the trial proceedings and shall abide by all terms and conditions of bail, if granted.

¶10

On the other hand, learned Additional Government Advocate

¶11

has opposed the prayer for bail of the present applicant, however, he has not dispute the submission of learned counsel for the applicant.

¶12

Having heard learned counsel for the parties and having perused the material available on record; considering the fact that the informant/prosecutrix is known to the applicant for last four years, she was taken to the hospital on 11.11.2024 for medical examination but she refused to get herself medically examined, as the statement of doctor has been enclosed with the counter affidavit as Annexure No.CA-3; the present applicant is having no prior criminal history of any kind whatsoever; and the undertaking that the applicant shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order and he shall cooperate in the trial proceedings properly, without expressing any opinion on merits of the case, I am of the view that the present applicant may be enlarged on bail.

¶13

Accordingly, the instant bail application is allowed .

¶14

Let the applicant (Ankit @ Chhotu @ Amit), involved in aforesaid 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 with the following conditions which are being imposed in the interest of justice:-

¶15

(i) 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.

¶16

(ii) 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 of the Indian Penal Code.

¶17

(iii) 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 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 174-A of the Indian Penal Code.

¶18

(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section

¶19

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.

¶20

(v) The applicant shall not leave the country without permission of the Court concerned.

¶21

Order Date :- 4.3.2025 Reena/-

¶22

(Rajesh Singh Chauhan,J.)

¶23

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

Ankit @ Chhotu @ Amit v. State of U.P. Thru. Prin. Secy. Home Lko

Case brief

What is this about?

What did the court decide?

Ankit @ Chhotu @ Amit v. State of U.P. Thru. Prin. Secy. 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

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Mayaram Kori Vs State of U.P. Thru. Prin. Secy. Home Civil Lko and 3 Others

Nadiya Khaja Shaikh Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Smt. Tahseen and Another Vs State of U.P. Thru. Prin. Secy. Deptt. of Home Lko.

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

Rajneesh Kumar Verma Vs State of U.P. Thru. Addl. Chief Secy. Home U.P. Lko. and Another

Ramvati Vs State of U.P. Thru. Prin. Secy. Deptt. Home U.P. Lko.