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2025 DAILYLAW 101925 (ALL)

PREM SINGH v. STATE OF U.P.

BAIL/33639/2025 · 2025-10-05

Sanjay Kumar Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33639 of 2025 Court No. - 65 HON'BLE SANJAY KUMAR SINGH, J. Heard Mr. Kamal Krishna, learned Senior Counsel, assisted by Mr. Ghan Shyam Das, learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record. By means of this bail application, applicant Prem Singh, who is involved in Case Crime No. 247 of 2025, under Sections 85, 80(2) BNS and Section 3/4 Dowry Prohibition Act, police station Bhogaon, district Mainpuri, seeks enlargement on bail during the pendency of trial. As per prosecution case, in brief, complainant Ramvir, who is father of the deceased Rajni Devi, got an F.I.R. lodged on 13.05.2025 against Jairam (husband), Prem Singh (father-in-law), mother-in-law, Bitta Devi (sister-in-law) and maternal uncle-in-law of the deceased stating inter alia that marriage of his daughter Rajni Devi was solemnized 17 months' back with Jairam. In the marriage, sufficient dowry was given but the accused persons were not satisfied with the dowry and there was consistent demand of Rs. 3 lacs, a gold chain and a gold ring. On account of non-fulfillment of demand of dowry, his daughter was done to death in her matrimonial home. Main substratum of arguments of learned counsel for the applicant is that the applicant is father-in-law of the deceased and he has been falsely implicated in this case. General allegation of demand of dowry Versus Counsel for Applicant(s) : Ghan Shyam Das Counsel for Opposite Party(s): Dhirendra Kumar Verma, G.A., Srawan Kumar Swarnkar Prem Singh .....Applicant(s) State of U.P. .....Opposite Party(s) has been attributed to all the accused persons, which is false and against the evidence on record. Much emphasis has been given by contending that no specific role has been attributed to the applicant. It is further submitted that co-accused Shanti Devi, who is mother-in- law of the deceased, has been granted bail by the coordinate Bench of this Court vide order dated 09.09.2025 passed in Criminal Misc. Bail Application No. 30727 of 2025. The case of the applicant stands on similar footing to that of co-accused Shanti Devi. The applicant does not have any criminal history to his credit. Lastly, it is submitted that there is no chance of the applicant fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 05.06.2025 and in case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate with the trial. Per contra, learned A.G.A. for the State opposed the prayer for bail of the applicant reiterating the prosecution case as mentioned in the F.I.R. but could not dispute the above factual aspect of the matter as argued on behalf of the applicant. Having heard learned counsel for the parties and examined the matter in its entirety, I find that as per the post mortem report, cause of death of the deceased is asphyxia due to ante mortem hanging and except the ligature mark, no other injury has been found on the body of the deceased. I also find that co-accused Shanti Devi, who is mother-in-law of the deceased, under similar accusation, has been granted bail as noted above. The further details relating to the incident need not be referred to herein since the allegations and the defence thereto is still open to be urged by the parties in the trial Court. 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, this Court is of the opinion that the applicant has made out a case for bail on the ground of parity. Hence, the bail application is hereby allowed. Let the applicant Prem Singh be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties BAIL No. 33639 of 2025 2 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. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail. October 6, 2025 Shubham BAIL No. 33639 of 2025 3 (Sanjay Kumar Singh,J.) Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad