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2025 DAILYLAW 139240 (ALL)

AMAR SINGH v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME U.P. LKO.

BAIL/4028/2025 · 2025-05-14

Subhash Vidyarthi

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:28095 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4028 of 2025 Applicant :- Amar Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. Counsel for Applicant :- Dharmendra Kumar Trivedi Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Dharmendra Kumar Trivedi, learned counsel for the applicant, Sri Rajiv Kumar Verma, learned Additional Government Advocate-I 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. 686 of 2023, under Section 306 I.P.C., registered at Police Station Bachhrawan, District Raebareli. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 10.10.2023 against the applicant stating that the informant had got her daughter aged about 30 years married to the applicant about 10 years ago and she had three children about seven years, five years and two years. The applicant is an alcoholic and he used to harass the informant's daughter. The applicant himself came to the informant's home and told that he had killed her daughter. 4. The postmortem examination report mentions an oblique ligature mark around the neck passing obliquely upwards and backwards with a gap of 13cm in left side of neck and the cause of death has been opined to be asphyxia due to ante mortem hanging. No other injury was reported on the dead body. 5. During investigation the deceased's brother, father and sister stated that the deceased lived with the applicant happily for a considerable period of time after her marriage which took place about 10 years ago but the applicant was sent to jail regarding some property dispute. Thereafter, the deceased developed relations with the applicant's cousin Sanjiv Kumar. When the applicant came to know about it, disputes started cropping up between them repetitively. She wanted to marry that other person but he was not ready to marry her. The deceased had threatened that other person that unless he marries her, she would commit suicide. 6. In the affidavit filed in support of bail application it has been stated that the applicant is innocent and he has been falsely implicated in the present case. A supplementary affidavit has been filed on behalf of the applicant disclosing his involvement in three other cases in all of which the applicant has been ordered to be released on bail. 7. The learned Additional Government Advocate-I appearing on behalf of the State has opposed the prayer for bail and he has submitted that after investigation a charge sheet dated 28.10.2023 has been submitted against the applicant for commission of offence under Section 306 I.P.C. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the deceased committed suicide ten years after her marriage; that the deceased's father, brother and sister themselves have stated that she had developed relations with some other person, she wanted to marry him and she had threatened that person that unless he marries her, she would commit suicide coupled with the fact that the applicant he is languishing in jail since 24.10.2023 and the investigation already stands concluded 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. 9. Accordingly, this bail application stands allowed. 10. Let the applicant-Amar 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 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 :- 14.5.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench