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Neutral Citation No. - 2025:AHC:29672 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6154 of 2025 Applicant :- Dileep Chauhan And Another Opposite Party :- State of U.P. Counsel for Applicant :- Navneet Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. 1-Heard learned counsel for the applicants, learned Additional Government Advocate representing the State and perused the record. 2-The instant bail application has been filed on behalf of the applicants with a prayer to release them on bail in Case Crime No. 84 of 2024, under Sections 498-A, 304-B I.P.C. and Sections 3/4 of Dowry Prohibition Act, Police Station-Nandganj, District- Ghazipur. 3-As per the prosecution case in brief, complainant Bhagwan Chauhan, who is father of the deceased- Sneha Chauhan, lodged an F.I.R. on 19.05.2024 against Pradeep Chauhan, Suresh Chauhan, Dileep Chauhan (applicant no. 1), Sandeep Chauhan (applicant no. 2) and Madhu who are husband, father-in-law, brother-in-law, brother-in-law (jeth) and sister-in-law (nanand) alleging inter-alia that the marriage of his daughter Sneha Chauhan was solemnized on 10.05.2023 with Pradeep Chauhan and in the said marriage, sufficient dowry was given but his daughter was being harassed and tortured in her matrimonial home. F.I.R. also alleges that on 19.05.2024, Suresh Chauhan, father-in-law of his daughter informed him that his daughter has committed suicide and when he reached there, he found that the feet of his daughter was touching ground, therefore, he believes that his daughter was firstly killed and then hanged. 4-It is argued by learned counsel for the applicants that the applicants are brothers-in-law of the deceased and they have no concern with the
matrimonial affair of the deceased with her husband because they live in Mumbai where they do labour work. The applicants have been falsely implicated in this case. As per post-mortem report of the deceased, she died due to asphyxia as a result of ante-mortem hanging, hence, the allegation of the prosecution that she was firstly killed and thereafter hanged is against the evidence on record and is also not corroborated from any material collected by the investigating officer. Much emphasis has been given by contending that the information about the said incident was immediately given by the father-in-law of the deceased to the father of the deceased.
It is also pointed out that co-accused Suresh Chauhan and Madhu Chauhan have been granted bail by the co-ordinate Bench of this Court vide orders dated 10.01.2025 and 20.02.2025 in Criminal Misc. Bail Application Nos. 27368 of 2024 and 3477 of 2025. The case of the present applicants stands on similar footing to that of aforesaid co-accused, hence, the applicants who are languishing in jail since 23.08.2024 may be enlarged on bail. 5-Per contra, learned A.G.A. for the State opposed the prayer for bail of the applicants by reiterating the prosecution case but does not dispute the factum of the case as argued on behalf of the applicants. 6-Having heard learned counsel for the parties and examined the matter in its entirety, I find that co- accused Suresh Chauhan and Madhu Chauhan, under similar accusation, have been granted bail as noted above, therefore, the applicants have made out prima-facie case for bail. 7-Hence, the bail application is hereby allowed. 8-Let the applicants, namely, Dileep Chauhan and Sandeep Chauhan be released on bail in the aforesaid case crime number on 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) That the applicants shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That the applicants 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. (iii) That after their release, the applicants shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned before the release of the applicants on bail.
9-In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicants. Order Date :- 3.3.2025 Saurabh Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad