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2025 DAILYLAW 158000 (ALL)

KAPIL SINGH ALIAS KAPI DHAWAJ v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.

BAIL/7743/2025 · 2025-08-22

Karunesh Singh Pawar

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:49367 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7743 of 2025 Applicant :- Kapil Singh Alias Kapi Dhawaj Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Vandana Singh,Reeta Sharma Counsel for Opposite Party :- G.A.,Dharmendra Kumar Bhatt,Vimlesh Kumar Kashyap Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. Learned counsel for the applicant submits that the victim died in her parental home. The allegations in the prosecution case are general and sweeping in nature against all the family members. Although it is alleged by the complainant that the victim was beaten and ousted from her matrimonial home, whereafter she started residing with her parents and was admitted to the hospital by them, however, no medical treatment documents have been furnished by the complainant to the investigating officer. Further, neither a list of dowry articles nor the marriage card has been provided. The cause of death could not be ascertained as the victim was cremated by her parents. The FIR has been lodged through an application under Section 156(3) Cr.P.C. The applicant, who is the father-in-law of the deceased, has no criminal antecedents, and no specific allegation has been made against him. It is further submitted that the co-accused, Shobha Singh (mother-in-law of the deceased), who was assigned a similar role, has already been granted anticipatory bail vide order dated 01.08.2025 passed in Criminal Misc. Bail Application No. 6883 of 2025. Learned counsel for the applicant, therefore, seeks parity with the said order. It is further submitted that the applicant is languishing in jail since 28.04.2025 without having any criminal antecedent. There is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned AGA has opposed the bail application, however, could not dispute the fact that it is a case of parity. On due consideration to the the general allegations levelled in the prosecution case, absence of medical or dowry documents, no specific role assigned to the applicant (father-in-law) who has no criminal antecedents, and considering the bail order of co-accused Shobha Singh (mother-in-law), the applicant is entitled to bail, I find it to be a fit case for enlarging the applicant on bail on the ground of parity. Accordingly, the bail application is allowed on the ground of parity. Let the applicant Kapil Singh Alias Kapi Dhawaj involved in FIR/Case Crime No.390 of 2024, under Sections 498-A, 304-B of IPC and Section 3/4 of Dowry Prohibition Act, Police Station Kamlapur, District Sitapur, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) The applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him in accordance with law. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now Section 84 BNSS) is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A IPC (now Section 209 of BNS). It is clarified that the observations made in this order are confined to the present anticipatory bail application and shall have no bearing on the merits of the trial. Order Date :- 22.8.2025/R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench