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2025 DAILYLAW 129339 (ALL)

SHIVRAM v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/2415/2025 · 2025-03-21

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:16410 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2415 of 2025 Applicant :- Shivram Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Shailesh Kumar Singh,Aditya Singh Tomer Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Aditya Singh Tomar, learned counsel for the applicant, Sri Abhishek Kumar Singh, learned Counsel 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. 578 of 2024, under Sections 80(2), 85, 115(2), 351(2), 352 B.N.S. and Section 3/4 of Dowry Prohibition Act, registered at Police Station Maholi, District Sitapur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 29.11.2024 against the applicant Shivram, his son Prem Pasi an Machalu stating that the informant got his daughter married to the applicant's son Prem Pasi about 6 years ago; that all the accused persons used to harass her for demanding dowry; that she was coming to the informant's home on 28.11.2024; that the accused persons took her back to their home from a pulia, beaten her up and hanged her. 4. The copy of inquest report has been annexed as Annexure No.2 to the affidavit which was witnessed by the informant, the applicant and his son Prem Shankar. Except for a ligature mark around the neck no other injury was noted and all the witnesses have stated that the deceased aged about 25 years committed suicide by hanging. In the postmortem examination report also the only injury reported is a ligature mark around the neck of deceased and the cause of death has been opined to asphyxia due to ante mortem hanging. 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. The co-accused Machalu has been granted bail by this court by means of an order dated 28.02.2025, passed in Criminal Misc. Bail Application No.1735 of 2025. 6. The learned Counsel for the State has opposed the prayer for bail. He has produced a copy of relevant extracts of case diary, wherein statements of four independent witnesses, all of whom are residents of same village have been recorded. All the four witnesses have given statements and supported the F.I.R. allegations which are verbatim same. All the witnesses have stated that the accused person had beaten up the informant also but neither the informant has been medically examined nor is there any mention of this fact in the inquest report. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant has no previous criminal history and he is languishing in jail since 10.12.2024 and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 8. Accordingly, this bail application stands allowed. 9. Let the applicant-Shivram 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 magistrate/court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court. (Subhash Vidyarthi, J.) Order Date :- 21.3.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench