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2025 DAILYLAW 35126 (ALL)

SANJAY CHAUHAN v. STATE OF U.P.

BAIL/10663/2025 · 2025-05-18

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:83376 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10663 of 2025 Applicant :- Sanjay Chauhan Opposite Party :- State of U.P. Counsel for Applicant :- Pulak Ganguly,Ravi Bhushan Singh Counsel for Opposite Party :- G.A.,Jitendra Singh,Manjesh Singh Yadav Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Ravi Bhushan Singh, learned counsel for the applicant and Sri Jitendra Singh, learned counsel for the informant as well as Ms. Ifrah Islam, learned State Law Officer and perused the record. 3. Applicant seeks bail in Case Crime No. 28 of 2025, under Sections 85, 80(2) of BNS and Sections 3/4 of D.P. Act, Police Station Shadiabad, District Ghazipur, during the pendency of trial. 4. As per prosecution story, the marriage of son of the applicant was solemnized with the victim in the month of October, 2024. The applicant and other family members are stated to have subjected her to cruelty for demand of dowry leading to her death on 02.02.2025. 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 as alleged in the FIR. 6. It is next stated that the FIR is delayed by one day and there is no explanation of the said delay caused. The cause of death was found to be asphyxia as a result of ante mortem hanging. There is no specific demand of dowry mentioned in the FIR, as such ingredients of Section 80(2) of BNS are not attracted. The applicant is the father-in-law of the deceased. It is an admitted case for both the parties that it was the love marriage between victim and the applicant as such there was no exchange of dowry or demand whatsoever. 7. There is no criminal history of the applicant. The applicant is languishing in jail since 04.02.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Per contra, learned State Law Officer and learned counsel for the informant have vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and taking into consideration the fact that @@@@@, I find it a fit case to release the applicant on bail. The bail application is allowed. 10. Let the applicant- Sanjay Chauhan, 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 the evidence during trial. ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. iii) The applicant shall appear before the trial court on the date fixed. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. 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 :- 19.5.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad