Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 159653 (ALL)

SONU CHAUHAN v. STATE OF U.P. THRU. SECY. DEPTT. OF HOME LKO.

BAIL/7934/2025 · 2025-08-26

Karunesh Singh Pawar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 7934 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State- respondent and perused the record. 2. The present application has been filed on behalf of the applicant seeking bail in FIR/Case Crime No.0122 of 2025, under Sections 80(2), 85 B.N.S. and Section 3/4 of Dowry Prohibition Act, P.S.- Kotwali Nagar, District- Balrampur. 3. Learned counsel for the applicant submits that applicant is brother-in-law. The co-accused Sobha Chauhan who is sister-in-law of the deceased has been granted bail by the Co-ordinate Bench of this Court vide order dated 31.07.2025 passed in Criminal Misc. Bail Application No.7106 of 2025 to which applicant seeks parity. He submits that role of the applicant is similar to that of co-accused Sobha Chauhan as general and sweeping allegations have been levelled against both of them. 4. It is further stated that it is a case of suicide as upon due medical examination of the body of deceased oblique ligature mark was found. Other injuries found by the doctor concerned could be caused during carrying the body of the deceased. 5. It is further stated that the informant has implicated all the members of the family, i.e. Pankaj Chauhan (husband), Pushpendra Chauhan (jeth), Shobha Chauhan (jethani) including the applicant- Sonu Chauhan (brother-in- law/devar). Versus Counsel for Applicant(s) : Dinesh Kr. Chaudhary Counsel for Opposite Party(s) : G.A. Sonu Chauhan .....Applicant(s) State Of U.P. Thru. Secy. Deptt. Of Home Lko. .....Opposite Party(s) 6. Further submission is that the allegations levelled in the FIR would indicate that same are completely vague so far as it relates to demand of dowry, particularly, against the present applicant. 7. It is further stated that the applicant, who is having no criminal history and is in jail since 17.06.2025, is entitled to be released on bail. In case of being enlarged on bail, she will not misuse the liberty of bail and will cooperate in trial and would also not influence the prosecution witnesses. 8. Learned A.G.A. has vehemently opposed the prayer for bail, however, he could not dispute the aforesaid contentions of counsel for the applicant. 9. Upon due consideration of the facts and circumstances of the case, submissions of counsel for the applicant and learned A.G.A. as also considering the fact that applicant is brother-in-law/devar of deceased and entire members of the family has been roped in the present case on the basis of allegations related to demand of dowry, which prima facie appear to be vague, as also the fact that the applicant having no criminal history is in jail since 17.06.2025 as also the chances of conviction of the applicant in the instant case, this Court finds that the present applicant is liable to be allowed. Accordingly, it is allowed. 10. Let the applicant- Sonu Chauhan be released on bail in the aforesaid case crime number on his furnishing personal bond of Rs.25,000/- and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions :- (i) The applicant will cooperate with the prosecution during trial. (ii) The applicant will not tamper with the evidence during trial. (iii) The applicant will not pressurize/intimidate the prosecution witness(es). (iv) The applicant shall not commit an offence. (v) 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. (vi) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. BAIL No. 7934 of 2025 2 (vii) The applicant will not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. (viii) The applicant shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 Cr.P.C./351 B.N.S.S. 11. In case of default of above conditions it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. 12. As this order relates to enlargement of the applicant on bail, it is clarified that observations made in this order shall have no bearing on the merits of the case and the trial court shall not be influenced by any observations made in this order. August 26, 2025 Saurabh Yadav/- BAIL No. 7934 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench