SHIV PRATAP SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.
/9654/2025 · 2025-10-13
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 200564 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 200564 (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. - 9654 of 2025
Court No. - 12 HON'BLE PANKAJ BHATIA, J.
1. Heard learned counsel for the applicant, learned AGA for the State, learned counsel for the informant and perused the record. 2. The applicant seeks enlargement on bail in FIR No.271 of 2025, under Section 85, 80(2) BNS & 3/4 of D.P. Act, P.S. Mallawan, District Hardoi. 3. The FIR in question was lodged alleging that the sister of the informant was married to the applicant on 27.04.2021 and sufficient dowry was also given, however, the entire matrimonial family was not happy with the dowry and demands of dowry were being made. Subsequently, it was also alleged that the applicant had illicit relation with someone else. It was also stated that threats were issued that the victim would be killed in a road accident and thereafter, the applicant would marry. 4. In the light of the said, it was alleged that on 25.07.2025 it was informed that the victim was taken against her wishes on a motorcycle and thereafter, the motorcycle met with an accident with a Dumper which resulted in the death of the victim. 5. In the light of the said allegation, learned counsel for the applicant argues and draws my attention to the postmortem report which indicates the cause of death as ante mortem head injuries which is a crush injury present on the skull which were a result of the accident. It is also argued that this Court had granted interim protection to the co-accused who were Versus Counsel for Applicant(s) : Vikas Sharma, Vishwajeet Mishra Counsel for Opposite Party(s) : G.A. Shiv Pratap Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s)
father-in-law and mother-in-law vide order dated 16.09.2025. In the light of the said it is argued that implication of the applicant under Section 85 read with Section 80(2) of BNS is prima-facie not made out. 6. Learned AGA has opposed the bail application. 7.
From the allegations levelled, prima-facie, apart from the allegation of the victim meeting with an accident, there are no allegation that soon before the death the victim was subjected to mental and physical harassment in relation to demand of dowry which is attributed as cause of death and the opposition of learned counsel for the informant that constant threats of the manner of execution was given prior to death coupled with the fact that the applicant has no criminal antecedent and is in custody since 28.07.2025, the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed. 8. Let the applicant Shiv Pratap 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 13, 2025 nishant BAIL No. 9654 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench