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2025 DAILYLAW 24070 (ALL)

ABHAY SINGH v. STATE OF U.P.

BAIL/7472/2025 · 2025-07-09

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:110275 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7472 of 2025 Applicant :- Abhay Singh Opposite Party :- State of U.P. Counsel for Applicant :- Jai Singh Yadav Counsel for Opposite Party :- G.A.,Sunil Kumar Misra Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri V.K. Barnwal, Advocate holding brief of Sri Dhirendra Kumar Verma, learned counsel for the applicant, Sri Sunil Kumar Mishra, learned counsel for the informant and Sri Ashutosh Srivastava, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 99 of 2024, under Sections 85, 80(2) of B.N.S. and Section 3/4 D.P. Act, Police Station- Sonakpur, District-Moradabad, during the pendency of trial. 4. As per prosecution story, the marriage of the younger brother of the applicant was solemnized with the deceased person as per Hindu Rites on 27.04.2024 and subsequent to it, the applicant and other family members are stated to have subjected the victim to cruelty for demand of Rs. 5,00,000/- as dowry, thereby leading her to death on 19.08.2024. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence. Applicant is the brother-in-law (Jeth) of the deceased person. He lives separately to the other family members. The cause of death is Asphyxia as a result of ante-mortem hanging. There are general and omnibus allegation against all the accused persons. 6. It is further argued by learned counsel for the applicant that there is no criminal antecedent of the applicant. The applicant is languishing in jail since 04.12.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Learned A.G.A. has vehemently opposed the bail application. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and taking into consideration the fact that the applicant lived separately to the other family members and there being general and omnibus allegations against all the accused persons and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 9. Let the applicant-Abhay Singh, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 10.7.2025 Karan (Krishan Pahal, J.) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad