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2025 DAILYLAW 12928 (ALL)

MANVENDRA SINGH v. STATE OF U.P.

BAIL/2982/2025 · 2025-05-13

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:79886 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2982 of 2025 Applicant :- Manvendra Singh Opposite Party :- State of U.P. Counsel for Applicant :- Niklank Kumar Jain,Niraj Tiwari Counsel for Opposite Party :- G.A.,Rakesh Maurya Hon'ble Sameer Jain,J. 1. Heard Sri Niraj Tiwari, learned counsel for the applicant, Sri Rakesh Maurya, learned counsel for the informant and Sri S.B. Singh, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 128 of 2024, under Sections 85, 80(2), 351(2) BNS & 3/4 D.P. Act, Police Station- Mirhachi, District- Etah, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that this is the second bail application filed on behalf of the applicant and his first bail application was dismissed on merit by this Court on 21.10.2024 after considering the fact that he is husband of the deceased and his wife died within one and half years of her marriage under abnormal circumstances but he is pressing the instant second bail application on the ground that after rejection of the first bail application of the applicant, when informant i.e. brother of the deceased and her mother appeared before the trial court then they did not support the prosecution case and have been declared hostile. 4. He further submitted that even post-mortem report of the deceased suggests that she died due to hanging, therefore, prima faice, it appears to be a case of suicidal death. He further submitted that even from the statement of the informant and mother of the deceased, it reflects, deceased committed suicide due to dispute arose with regard to jewellery. 5. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 21.07.2024 i.e. for last almost ten months. 6. Per contra, learned AGA opposed the prayer for bail and submitted that applicant is husband of the deceased and this is his second bail application but could not dispute the fact that after rejection of the first bail application of the applicant, when informant i.e. brother of the deceased and her mother appeared before the trial court then they did not support the prosecution case and both have been declared hostile. He further could not dispute the fact that prima facie, from the post-mortem report, it reflects, deceased committed suicide. 7. Learned counsel for the informant also conceded the fact that during trial, informant i.e. brother of the deceased and her mother both have been declared hostile and informant is having no objection, if applicant be enlarged on bail. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, this is the second bail application filed on behalf of the applicant and his first bail application was dismissed after considering the fact that he is husband of the deceased and his wife died within one and half years of her marriage under abnormal circumstances but it reflects, after rejection of the first bail application of the applicant, when informant i.e. brother of the deceased and her mother appeared before the trial court then they did not support the prosecution case and both have been declared hostile. 10. Further, as post-mortem report suggests that deceased died due to hanging, therefore, prima facie, it appears to be a case of suicidal death. 11. Further, applicant is not having any criminal history and he is in jail in the present matter since 21.07.2024 i.e. for last almost ten months. 12. Further, even informant is having no objection if applicant be enlarged on bail. 13. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 15. Let the applicant- Manvendra Singh 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 the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 16. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 17. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 14.5.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad