Allowed

Atul v. State of U.P. Thru. Addl. Prin. Secy. Home Deptt. Lko and Another

Allahabad HC11 Apr 2025BAIL/3107/2025

Case brief

AI extract

What is this about?

Bail sought in a dowry-death FIR alleging the accused hanged the applicant's wife. The postmortem showed asphyxia due to hanging with only a ligature mark, inquest witnesses including the informant alleged no dowry harassment, and co-accused parents were already granted bail. Court granted regular bail with standard conditions.

What did the court decide?

Applicant Atul released on bail on furnishing personal bond and two sureties, subject to conditions regarding evidence, witnesses and trial attendance.

Atul Vs State of U.P. Thru. Addl. Prin. Secy. Home… — Dowry and Cruelty | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC-LKO:20639

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Court No. - 15

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3107 of 2025

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Applicant :- Atul Opposite Party :- State Of U.P. Thru. Addl. Prin. Secy. Home Deptt. Lko And Another Counsel for Applicant :- Anil Kumar Nishad Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Anil Kumar Nishad, learned counsel for the applicant, Sri Mohd. Asif Khan, learned Additional Government Advocate-I 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.0337 of 2024, under Sections 85 and 80 B.N.S. read with Section 3,4 D.P. Act, registered at Police Station Madhoganj, District Hardoi.

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The aforesaid case has been registered on the basis of an F.I.R. lodged on lodged on 07.10.2024 against the applicant, his father, mother and younger brother, stating that the informant had got his daughter married to the applicant on 11.07.2024; that all the accused persons used to harass her for demanding dowry and they hanged her from the ceiling of their house.

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The inquest proceedings were witnessed by the informant, the applicant's mother, co-accused- Meena and the applicant's younger brother, co-accused- Mridul and all the persons, who had witnessed the inquest proceedings, stated that the deceased had committed suicide. No one has alleged her harassment for demanding dowry.

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The postmortem examination report mentions a ligature mark around neck of the dead-body with a gap of 3cm and the cause of death has been opined to be asphyxia due to antemortem hanging.

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Younger brother of the applicant, co-accused- Mridul has lodged FIR No. 0355 of 2024 under Sections 108 and 351(2) B.N.S. against informant of the present case Premchandra, his wife Guddi and their two relatives Raju and Pankaj, stating that because of the incident due to which the present FIR has been lodged the present informant and his family members were harassing the informant's younger brother Pratul Sharma due to which he committed suicide on 05.11.2024.

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The applicant's father Chandra Mohan and mother Meena have already been granted bail by this Court, copies of their bail orders have been annexed as Annexure-10 to the bail application.

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The learned Additional Government Advocate has opposed the bail application and submitted that the allegations have been established during investigation and a charge-sheet has been fled on 16.10.2024 against the applicant and his parents, however, allegations against the applicant's younger brother Mridul could not be established.

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Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the inquest proceedings were witnessed by the informant, who did not level any allegation of harassment for demanding dowry at that time; the postmortem examination report mentions only a ligature mark; no injury has been reported on the dead-body and the applicant's parents have already been granted bail, I am of the view that the applicant is entitled to be release on bail.

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Accordingly, this bail application stands allowed .

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Let the applicant- Atul be released on bail in the aforesaid 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 evidence;

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(ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court.

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(Subhash Vidyarthi, J.)

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Order Date :- 11.4.2025 MVS/-

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Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench

Atul v. State of U.P. Thru. Addl. Prin. Secy. Home Deptt. Lko and Another

Case brief

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Atul v. State of U.P. Thru. Addl. Prin. Secy. Home Deptt. Lko and Another

Case brief

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