SANJAY SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME
BAIL/803/2025 · 2025-05-16
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 120117 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 120117 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:29051 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 803 of 2025 Applicant :- Sanjay Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Counsel for Applicant :- Ashutosh Bajpai Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Ashutosh Bajpai, learned counsel for the applicant, Ms. Nikita Mishra, learned Additional Government Advocate for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 206 of 2024, under Sections 80, 85, 115(2), 352, 351(2), 103(1) B.N.S. and Section 3/4 of Dowry Prohibition Act, registered at Police Station Baundi, District Bahraich. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 09.07.2024 against the applicant, his mother, brother, sister and brother in law stating that the informant's daughter was married to the applicant on 02.05.2023; that all the accused persons used to harass her for demanding dowry and they were demanding a motorcycle and Rs.2,00,000/- cash. The informant's daughter telephonically informed at about 1.00 p.m. on 03.07.2024 that the accused persons were beating and harassing her. The informant immediately went there and persuaded the accused persons that he would fulfill their demand within a month or two. On 04.07.2024 the informant's daughter again made a telephonic call at
about 9.00 a.m. that the accused persons were harassing her and were threatening to kill her, whereupon the informant had assured that he would reach there by evening but the applicant's father had telephonically informed him that his daughter had died. 4. The postmortem examination report mentions a ligature mark over front of right side of neck transversely placed with a size of 15cmX1cm below right ear, the mark was abraded, contused and ecchymosed. Besides ligature mark there were abrasions over both shoulders, abraded contusion present over left temporal region of skull and abrasion present over posterior aspect of right lower limb and the cause of death has been opined to be ante mortem strangulation. 5. In the affidavit filed in support of 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. 6.
A supplementary affidavit has been filed on behalf of the applicant annexing therewith copies of statement of informant who has been examined as PW-1 and his brother who has been examined as PW-2 and both of them have been declared to be hostile. 7. The informant and his brother were not present at the time of death of the victim and therefore their testimony is not relevant for ascertaining the cause of death. They can at the most prove that any dowry was demanded from them. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact
that the applicant's wife died inside his house due to strangulation and besides a ligature mark on her neck there were numerous injuries suffered by the victim, I am of the view that aforesaid facts do not warrant exercise of discretion of this court by enlarging the applicant on bail. The bail application is accordingly rejected. (Subhash Vidyarthi, J.) Order Date :- 16.5.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench