Allowed

Gyanendra Kumar v. State of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko.

Allahabad HC29 Apr 2025BAIL/9577/2024

Case brief

AI extract

What is this about?

In a bail application under Sections 302/201 IPC, the court allowed the applicant's release on bail. The applicant faced charges for killing his own daughter, purporting claims of dowry harassment by other family members. The court noted hostile prosecution witnesses and granted bail.

What did the court decide?

Released on bail on furnishing personal bond and two sureties to the satisfaction of the magistrate/court concerned.

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

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Neutral Citation No. - 2025:AHC-LKO:25254

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Court No. - 15

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9577 of 2024

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Applicant :- Gyanendra Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. Counsel for Applicant :- Rajiva Dubey Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Rajiva Dubey, learned counsel for the applicant as also Sri Ravi Srivastava, the learned A.G.A. and perused the record.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 120 of 2024, under Sections 302/201 I.P.C., Police Station Sandi, District Hardoi.

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The aforesaid case has been registered on the basis of an F.I.R. lodged on 30.03.2024 by the applicant himself against his son-in-law and three of his family members, stating that the applicant had got his daughter married to the named accused Akash Tiwari. All the accused persons used to harass her daughter for demand of dowry and they killed her on 30.03.2024.

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During investigation, it came to light that the applicant himself had killed his daughter, purportedly to maintain his honour and therefore a chargesheet was submitted against him.

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In the affidavit filed in support of the bail-application, it has 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 State has filed a counter-affidavit annexing therewith copies of the material collected during investigation and a copy of the chargesheet dated 28.04.2024.

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A supplementary affidavit has been filed on behalf of the applicant annexing therewith copies of statements of three prosecution witnesses recorded by the trial court and all the three witnesses have been declared hostile.

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Keeping in view the aforesaid facts of the case, without

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making any observation, which may affect the merits of the case, I am of the view that the applicant is entitled to be released on bail in the aforesaid crime.

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Accordingly, this bail application stands allowed .

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Let the applicant- Gyanendra Kumar 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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( Subhash Vidyarthi, J. )

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Order Date :- 29.4.2025 A.Nigam

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

Gyanendra Kumar v. State of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko.

Case brief

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Gyanendra Kumar v. State of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko.

Case brief

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What the court decided

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