Ram Bahadur Vs State of U.P. Thru. Principal Secy. Lko

Neutral Citation No. - 2025:AHC-LKO:22326

Court No. - 15

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3312 of 2025

Applicant :- Ram Bahadur Opposite Party :- State Of U.P. Thru. Principal Secy. Lko Counsel for Applicant :- Sheo Prakash Singh Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Sheo Prakash Singh, learned counsel for the applicant, Sri Satyendra Srivastava, learned A.G.A. 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. 430 of 2024, under Sections 498-A, 304-B, 328 IPC and Section 3/4 of D.P.Act, registered at Police Station Gurbakshganj, District Raebareli.

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The aforesaid case has been registered on the basis of an application under Section 156 (3) Cr.P.C. stating that the informant had got his sister married to the applicant's son Surendra Kumar on 25.11.2020; that all the accused persons used to harass her for demanding dowry; the informant's sister was having one and half months pregnancy and her husbandco-accused had kicked on her abdomen at about 8.00 p.m. on 24.04.2024. Upon receiving this information, the informant took his sister to doctor on 25.04.2024 and thereafter at the request of his sister, he dropped her in her matrimonial home. Thereafter, accused persons gave poison to her in the name of medicine after dissolving the same in milk. When her condition deteriorated, the informant and his family members reached there and they got her admitted in district hospital Raebareli where she died at about 11.30 p.m.

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In the affidavit filed in support of bail application it has been stated that the applicant is innocent and he has been falsely implicated in the present case and he has no criminal history.

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The postmortem examination report mentions no external injury seen on the dead body of the deceased. The VISCERA examination has reported the presence of Organophosphorus insecticide.

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In the statement of informant and his mother recorded under

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Section 161 Cr.P.C, they stated that when the condition of victim deteriorated, she was taken to hospital but they did not state that the victim was taken to hospital by the informant and it appears that she had been taken to the hospital by the accused persons.

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The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail and he has submitted that the allegations have been established during investigation and charge sheet has been submitted on 23.02.2025.

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Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the deceased died about after five years of marriage; that the applicant is father in law and no specific allegations have been levelled against him; that no mark of injury was found on the dead body and prima facie it appears that the deceased was taken to the hospital for treatment by the accused persons themselves and without making any observation, which may affect the merits of the case, 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- Ram Bahadur 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;

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(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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Order Date :- 21.4.2025 Renu/-

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

Ram Bahadur v. State of U.P. Thru. Principal Secy. Lko

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Ram Bahadur v. State of U.P. Thru. Principal Secy. Lko

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