CHEDDAN v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.
BAIL/7931/2025 · 2025-08-26
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 159566 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 159566 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 7931 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J.
1. Heard learned counsel for the applicant, learned AGA for the State as well as learned counsel for the complainant. 2. In the prosecution case, it is alleged that the informant's daughter was married to Shamim, the son of the applicant, about ten months ago. It is further alleged in the FIR that the accused persons were demanding a Bullet motorcycle in dowry. On 10.02.2025, at about 12:00 noon, the victim was allegedly beaten and administered poison. 3. Learned counsel for the applicant submits that the applicant is father-in- law of the deceased, is in custody since 02.07.2025 and has no criminal antecedents. It is contended that general allegations have been levelled against him. The cause of death could not be ascertained. The post-mortem report did not disclose any antemortem injury however, the viscera report confirmed that cloropyrophos poison had been consumed by the victim. 4. It is further submitted that the deceased had, in fact, committed suicide, and the applicant has been falsely implicated. There is no possibility of the applicant absconding or tampering with witnesses, and if released on bail, he undertakes not to misuse the liberty. 5. Learned A.G.A. as well as learned counsel for the complainant opposed the bail application. However, upon a query being made, they could not point out from the record any material to show that soon before her death, Versus Counsel for Applicant(s) : Ashish Raman Mishra Counsel for Opposite Party(s) : G.A., Abhay Dwivedi, Rahul Kumar Shukla Cheddan .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s)
there was a demand for dowry from the victim. 6. Having regard to the general nature of allegations made in the prosecution case, the statements of the complainant and independent witnesses, coupled with the fact that the applicant is father-in-law and is in custody since 02.07.2025 without any criminal antecedents, I find it to be a fit case for enlarging the applicant on bail. 7. Accordingly, the bail application is allowed. 8.
Let the applicant-Cheddan involved in Case Crime No.- 35 of 2024, Under Section 80(2), 85 B.N.S. & Section 3/4 Dowry Prohibition Act, Police Station - Ranipur, District Bahraich, 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 her 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 BAIL No. 7931 of 2025 2
proceedings against him, in accordance with law under Section 174-A IPC (now Section 209 of BNS). 9.
It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. August 26, 2025 Saurabh Yadav/- BAIL No. 7931 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench