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2025 DAILYLAW 11313 (ALL)

RAJKUMAR v. State of UP

BAIL/2622/2024 · 2025-08-21

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:145397 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2622 of 2024 Applicant :- Rajkumar Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar,Raghuraj Singh,Shashi Bhushan Rai Counsel for Opposite Party :- Anita Singh,G.A.,Prem Babu Verma Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Ajay Kumar, learned counsel for the applicant, Ms. Poonam Rajpoot, Advocate holding brief of Sri Prem Babu Verma, learned counsel for the informant, Sri Anit Kumar Shukla, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.144 of 2023, under Sections 498-A, 304-B I.P.C. and Section 3/4 D.P. Act, Police Station Nagla Singhi, District Firozabad, during the pendency of trial. 4. As per prosecution story, the marriage of the applicant was solemnized with the deceased person as per Hindu Rites on 04.12.2017 and out of wedlock three children were born. The applicant and other family members are stated to have subjected her to cruelty for demand of dowry, thereby led her to death on 17.08.2023. 5. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. The FIR is delayed as no time of offence is mentioned in it. The informant was present at the place of occurrence in the morning itself and had even informed the police about the said incident, as such, the inquest proceedings and the post-mortem examination were conducted. 6. Learned counsel for the applicant has further stated that subsequent to it, the FIR has been instituted in the evening at 5:56 p.m. as an afterthought. The brother of the informant was present at the time of inquest proceedings. The FIR does not indicate as to what was demanded as dowry. There are vague allegations in it. Subsequently in the statement of the witnesses under Section 161 Cr.P.C., it has come up that there was demand of Rs.1 lakh and a motorcycle. 7. Learned counsel for the applicant has also stated that it is a clear-cut case of false implication. The trial is moving at a snail's pace as during the preceding two years, only three witnesses have been examined, as such, there is no likelihood of conclusion of trial in near future. There is no criminal history of the applicant. The applicant is languishing in jail since 25.08.2023 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Learned counsel for the informant and learned A.G.A. have vehemently opposed the bail application on the ground that the FIR is prompt and there is demand of dowry, as such, the applicant is not entitled for bail. 9. This Court had called for the status of trial from the concerned Trial Court. As per the said status report dated 15.07.2025, three witnesses have been examined and three more witnesses are to be examined. 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration that there is no mentioning of fact as to what was demanded as dowry in the FIR and the informant being present at the place of occurrence, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 11. Let the applicant- Rajkumar, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 13. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 22.8.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad