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2025 DAILYLAW 167875 (ALL)

SAHAJRAM v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/9376/2025 · 2025-09-26

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9376 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 and perused the record. 2. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.227 of 2025, under Sections 80(2), 85 BNS and Sections 3/4 of D.P. Act I.P.C., P.S. Kotwali Dehat, District Balrampur. 3. In the prosecution case it is alleged that daughter of the informant was married on 02.03.2025 with the accused No.1. He gave Rs.50,000/- cash and golden jewellery, double bed etc. worth Rs.2,00,000, total Rs.12,00,000/- in dowry to the accused persons. After marriage deceased was subjected to cruelty relating to demand of dowry and bullet motor-cycle, golden chain etc. was demanded and for not paying the dowry on 24.06.2025 accused persons have committed murder of the daughter of the informant. 4. Learned counsel for the applicant submits that a perusal of the statement of the complainant as well as the other prosecution witnesses shows that there are general allegations of demand of dowry against all the family members. There is no specific allegation against the present applicant. Applicant is father-in-law. Cause of death is asphyxia as a result of ante morte hanging, there is no other ante mortem injury on the body of the deceased. There is no material in the prosecution case to show that soon before death, the deceased was subjected to cruelty relating to demand of dowry. The inquest report shows that husband of the deceased informed the Versus Counsel for Applicant(s) : Manoj Kumar Singh Counsel for Opposite Party(s) : G.A. Sahajram .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) police. In the inquest both husband as well as father of the deceased informant were present. At that time, no allegation of demand of dowry was levelled. The F.I.R. is after thought. Applicant is innocent. He submits that the applicant is in jail since 17.07.2025. 5. Learned A.G.A. has opposed the bail prayer and has submitted that deceased died within three months of marriage, it is a case of dowry death hence, the applicant is not entitled for bail. 6. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 17.07.2025 having no criminal history, general nature of allegations made in the prosecution case, applicant is mother-in-law, cause of death is asphyxia as a result of ante mortem hanging so also the inquest report as well as the opinion given in the inquest report and without expressing any opinion on merits of the case, 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 Sahajram, be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions: (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 she 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. BAIL No. 9376 of 2025 2 (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 under Section 229-A of the Indian Panel Code (now Section 269 of BNS). (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 her, in accordance with law, under Section 174-A of the Indian Panel Code (now Section 209 BNS). September 26, 2025 kkb/ BAIL No. 9376 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench