RAM SAJIWAN v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO.
BAIL/2697/2025 · 2025-04-02
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 130638 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 130638 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:18197 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2697 of 2025 Applicant :- Ram Sajiwan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. Counsel for Applicant :- Deepansi Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Smt. Deepansi, learned counsel for the applicant, Shri Alok Kumar Tiwari, learned A.G.A. 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.543 of 2024, under Sections 85, 80(2) B.N.S. & Section 3/4 D.P. Act registered at Police Station- Bachharawan, District- Raibareli. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 23.09.2024 against nine persons, including the applicant, his wife, three sons, two daughters and a brother-in- law, stating that the informant had got his daughter married to the applicant's son- co-accused Golu on 31.10.2023; that all the accused persons used to harass her for demanding dowry and they administered poison to her and tried to hang her at about 08:00 AM on 19.09.2024. She was admitted to a hospital where she died at about 02:00 PM on 23.09.2024. 4. In the affidavit filed in support of the 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. 5. A supplementary affidavit has been filed on behalf of the applicant disclosing his involvement in two other cases and it
has been stated that any notice/summon of those cases has not been delivered to the applicant. 6. The postmortem examination report mentions a ligature mark around neck of the dead body and cause of death has been opined to be Asphyxia due to antemortem hanging. No other injury was found on the dead body. 7. Co-accused Siyarani (the applicant's wife) has been granted bail by means of an order dated 07.02.2025 passed by a Co- ordinate Bench of this Court in Crl. Misc. Bail Application No.1192 of 2025. 8. Learned A.G.A. has opposed the bail application and on the basis of written instructions, he has submitted that during investigation, the allegations have been established against the applicant, his son and wife and a charge-sheet has been submitted against them.
He has produced relevant extract of case diary which contains statement of Doctor who had treated the deceased from 19.09.2024 to 23.09.2024. However, statement of the victim could not be recorded during this period. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the victim was treated since 19.09.2024 to 23.09.2024 apparently by the applicant and his family members and not by the informant; that there is no specific allegation against the applicant; that the applicant is languishing in jail since 25.09.2024 whereas the investigation already stands concluded and the applicant's wife has already been granted bail, 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. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Ram Sajiwan be released on bail in the aforementioned 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. . [Subhash Vidyarthi, J.] Order Date :- 2.4.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench