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2025 DAILYLAW 21323 (ALL)

DHEERAJ PAL v. STATE OF U.P.

BAIL/6312/2025 · 2025-07-16

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:115796 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6312 of 2025 Applicant :- Dheeraj Pal Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Yadav,Umakant Pal Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicant, Shri Anil Kumar Singh, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Dheeraj Pal, seeking enlargement on bail in Case Crime No. 143 of 2024, under Sections 498-A, 304-B (302 Vaikalpik) I.P.C. & Section 3/4 of Dowry Prohibition Act, Police Station- Baruwasagar, District- Jhansi. The allegation in the First Information Report is that due to non- fulfillment of demand of dowry, the daughter of the informant was being tortured for a long time and on 19.06.2024, his daughter (deceased) was allegedly hanged by her father-in-law (sasur), mother-in-law (saas), sister-in-law (Jethani), brother-in-law (Jeth) and her husband (the applicant). Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 22.06.2024. Learned counsel for the applicant submits that the victim(deceased) died due to hanging herself as in the post-morten report, cause of death is asphyxia and no other external injury of assault has been found on the body of the victim. As per the statement of the P.W.2 (annexed at S.A. 1 of the supplementary affidavit dated 20.04.2025), no allegation as alleged in the FIR has been levelled against the applicant. Learned counsel for the applicant further submits that during investigation, P.W. 3 and P.W. 4 have not supported the prosecution version and have turned hostile (annexed at S.A.-1 of the supplementary affidavit dated 09.07.2025). He next submits that during investigation, the Investigating Officer has exonerated two of the co-accused (Jeth and Jethani of the deceased) as no evidence found against them and father-in-law and mother-in-law of the deceased have already been enlarged on bail by this Court vide orders dated 26.11.2024 and 21.10.2024. The applicant has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail, but could not dispute the aforesaid fact. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Dheeraj Pal, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 17.7.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad