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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32992 of 2025 Court No. - 65 HON'BLE SANJAY KUMAR SINGH, J. 1-On the matter being taken up, Mr. Dinesh Kumar Bhaskar, learned Advocate has filed his vakalatnama/power before the Court, which is taken on record. 2-Heard learned counsel for the applicant, learned Additional Government Advocate representing the State of U.P., learned counsel appearing on behalf of the complainant and perused the record. 3-The instant bail application has been filed on behalf of the applicant-Pankaj with a prayer to release him on bail in Case Crime No. 0358 of 2025, under Sections 85, 80(2) of I.P.C. and Sections 3/4 Dowry Prohibition Act, Police Station-Dadri, District- Greater Noida (Commissionerate Gautam Buddh Nagar) during the pendency of trial. 4-As per the prosecution case in brief, complainant-Rishipal Singh who is father of the deceased-Shweta got a first information report lodged on 12.07.2025 against Pankaj (applicant/husband) and his parents stating inter-alia that the marriage of his daughter was solemnized on 07.12.2022 with Pankaj and in the said marriage, he had spent Rs. 3,00,000/- as per his capacity but after two months' of the marriage, his daughter was being harassed by the accused persons and there was consistent demand of additional dowry from their side. F.I.R. further alleges that on 08.07.2024, deceased delivered a male child. On 09.07.2025, complainant came to know from an unknown neighbour that some mishappening has been occurred with his daughter. On the said information, he immediately reached to the matrimonial house of Versus Counsel for Applicant(s) : Dr. C.P. Upadhyay Counsel for Opposite Party(s) : G.A. Pankaj .....Applicant(s) State of U.P. .....Opposite Party(s)
his daughter within twenty minutes where he was informed by the neighbours that her in-laws have took her to the hospital. When he reached at the hospital, he found his daughter dead. 5-It is argued by learned counsel for the applicant that the applicant is husband of the deceased and he has been falsely implicated in this case. The allegation of demand of dowry has been levelled against the applicant which is against the evidence on record.
Referring the second statement of the complainant-Rishi Pal Singh, it is pointed out that he has admitted in his statement that the information about the said incident was given to him by Kamaljeet through the mobile phone of the present applicant but in the F.I.R., he has deliberately mentioned that some unknown person had given the information about the said incident to him, as such, the contents of the F.I.R. to the extent of receiving information to the complainant is false and contrary to the statement of the complainant itself. It is also pointed out that the marriage of Shweta and Pankaj was a second marriage for both of them. He next submits that the applicant, in order to save the life of his wife, immediately took her to Ivory Hospital, Greater Noida on 09.07.2025 at 10:19 p.m. but she could not survive and the information about the unfortunate incident was given to the police by women constable 2256-Kanchan. It is also submitted that the deceased died by committing suicide. The inquest proceedings was conducted on 09.07.2025 and the cremation of the dead body was done on 10.07.2025 and till that time, no complaint of any kind was made against the applicant but later on, complainant lodged an impugned F.I.R. on 12.07.2025 against the present applicant and his parents, whereas, he (complainant) was very much present through out all the required legal proceedings. Lastly it is submitted by learned counsel for the applicant that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 13.07.2025. In case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in early disposal of the case.
6-Per contra, learned A.G.A. for the State as well as learned counsel for the complainant opposed the prayer for bail of the applicant in the light of first information report as well as second statement of the complainant-Rishipal but they could not dispute BAIL No. 32992 of 2025 2
the factum of the case as argued on behalf of the applicant. 7-Having heard learned counsel for the parties and examined the matter in its entirety, I find that as per post-mortem report of the deceased, cause of death is asphyxia as a result of ante-mortem hanging and except a ligature mark, no other injury was found on the body of the deceased. It is also not in dispute that the information about the said incident was given to the complainant by Kamaljeet, who was closely associated with the present applicant and was also the mediator of the said marriage. Kamaljeet was also present at the time of inquest proceedings for the side of the applicant. 8-Considering the facts and circumstances of the case as well as keeping in view the nature of the offence, evidence, complicity of the accused and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed. 9-Let the applicant-Pankaj, be released on bail in the aforesaid case crime number on 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:- (i) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That 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.
(iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned before the release of the applicant on bail. 10-In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant. September 24, 2025 Saurabh BAIL No. 32992 of 2025 3 (Sanjay Kumar Singh,J.) Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad