PHOOL SINGH v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO.
BAIL/6067/2025 · 2025-10-10
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 195673 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 195673 (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. - 6067 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J.
1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. The applicant seeks enlargement on bail in FIR No.91 of 2024, under Sections 498A and 302 IPC, P.S. Beeghapur, District Unnao. 3. Learned counsel for the applicant argues that the FIR in question was lodged initially under Section 498A read with Section 306 IPC alleging that the daughter of the informant was married to the applicant and she used to be harassed for dowry and subsequently she was hanged to death. The cause of death as per the post mortem report is ante moretm hanging. Subsequently on the basis of the statement of the daughter of the deceased and the applicant the same was converted under Section 302 IPC. The submission of learned counsel for the applicant is that for the offences under section 306 IPC he was enlarged on bail. The applicant has one criminal history which is disclosed in paragraph 30 of the application which is an offence not related to the offence in question. 4. Learned AGA draws my attention to two injuries noticed in the postmortem report which are contused swelling of skull and abrasion on the right forearm which according to him corroborates the statement of the daughter so as to implicate the applicant under section 302 IPC. 5. Irrespective of the said the fact remains that the cause of death as per Versus Counsel for Applicant(s) : Gulam Mustafa Counsel for Opposite Party(s) : G.A., Archana Yadav, Rachana Yadav Phool Singh .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. .....Opposite Party(s)
post mortem report is ante mortem hanging and the veracity of the statement and its corroboration with injuries is to be seen at the time of trial. 6. Learned AGA has opposed the bail application. 7. Considering the facts and circumstances, however, without commenting upon the merits of the case, the applicant who is in jail since 11.12.2024 is entitled to be enlarged on bail. In view thereof, the application is allowed. 8.
Let the applicant Phool Singh be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.20,000/- each to the satisfaction of court concerned with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (c) 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. October 10, 2025 J. K. Dinkar BAIL No. 6067 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench