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2025 DAILYLAW 194359 (ALL)

NEM SINGH v. STATE OF U.P.

NABAIL/8195/2025 · 2025-10-06

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8195 of 2025 Court No. - 71 HON'BLE SANJAY KUMAR SINGH, J. 1-Heard learned counsel for the applicant, learned Additional Government Advocate for the State of U.P. and perused the record. 2-This Criminal Misc. Anticipatory Bail Application under section 482 B.N.S.S. has been preferred by the applicant after rejecting his anticipatory bail application by the order dated 20.09.2025 passed by learned Sessions Judge, Etawah seeking Anticipatory Bail in Case Crime No. 242 of 2025, under Sections 80(2), 85 B.N.S. and Sections 3/4 D.P. Act, Police Station Bharthana, District Etawah, during the pendency of the investigation. 3-As per the prosecution case in brief, complainant-Ram Veer Singh, who is father of the deceased got a first information report lodged on 05.08.2025 against Ashish Yadav, Nem Singh and Sunita who are husband, father-in-law and mother-in-law of the deceased respectively stating inter-alia that the marriage of his daughter Preeti Yadav was solemnized with Ashish Yadav in the year 2019 and in the said marriage, he has given sufficient dowry as per his capacity but her in-laws were not satisfied with the dowry and there was additional demand of dowry from the accused side. On 05.08.2025, he received an information that his daughter was poisoned by the accused persons. 4-It is argued by learned counsel for the applicant that the applicant is Versus Counsel for Applicant(s) : Mahendra Singh Counsel for Opposite Party(s) : G.A. Nem Singh .....Applicant(s) State of U.P. .....Opposite Party(s) father-in-law of the deceased and he has been falsely implicated in this case. General allegation of demand of dowry has been levelled against all the accused persons but no specific role has been attributed to the present applicant, who was living separately from his son for the last four years. It is also pointed out that the deceased died by consuming poison leaving behind a minor child aged about 04 years who is being taken care of by the applicant because husband and mother-in-law of the deceased have been arrested and now they are languishing in jail. Applicant has no criminal history to his credit. He has apprehension of imminent arrest. Lastly, it is submitted that in case, applicant is released on bail, he would not misuse the liberty and would cooperate with the investigation. 5-Learned Additional Government Advocate, who has accepted notice of this case on behalf of State of U.P. on 27.09.2025 has opposed the prayer for granting anticipatory bail to the applicant. 6-Having heard learned counsel for the parties, I find that as per post- mortem report, cause of death of the deceased could not be ascertained, therefore, viscera was preserved and the report is still awaited. 7-Looking to the facts of the case, reasonable apprehension of arrest, taking into consideration the gravity and nature of accusation, there being no criminal antecedents of the applicant and there being no possibility of his fleeing from justice, the applicant is entitled to be released on anticipatory bail in this case. 8-In the event of arrest of the applicant Nem Singh involved in the aforesaid case shall be released on anticipatory bail on his furnishing a personal bond of Rs. 25,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned till the submission of police report, if any, under section 193(3) B.N.S.S. with the following conditions :- (i) The applicant shall make himself available for interrogation by a police officer as and when required. NABAIL No. 8195 of 2025 2 (ii) 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. (iii) The applicant shall not leave India without the previous permission of the court. (iv) In default of any of the conditions mentioned above or in case it is found that applicant has obtained this order concealing any material facts , the investigating officers shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. 9-It is clarified that anything said in this order at this stage is limited to the purpose of determination of this anticipatory bail application and will in no way be construed as an expression on the merits of the case. 10-With the aforesaid directions, this anticipatory bail application stands allowed. October 7, 2025 Saurabh NABAIL No. 8195 of 2025 3 (Sanjay Kumar Singh,J.) Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad