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2025 DAILYLAW 36070 (ALL)

DHARMPAL v. STATE OF U.P.

BAIL/11006/2025 · 2025-04-04

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:48635 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11006 of 2025 Applicant :- Dharmpal Opposite Party :- State of U.P. Counsel for Applicant :- Anuj Bajpai Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Shri Anuj Bajpai, learned counsel for the applicant and Shri Jhamman Ram, learned A.G.A. for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.746 of 2024, under Sections 108 BNS, Police Station Banda, District Shahjahanpur, during pendency of the trial in the court below. 3. Learned counsel for the applicant submits that as per allegation, applicant is husband of the deceased and he used to torture his wife due to demand of dowry, therefore, she has committed suicide but entire allegation levelled against the applicant is false. 4. He further submits that actually financial condition of the applicant was not good, therefore, deceased committed suicide. 5. He further submits that even except the bald and verbal allegation of abatement, there is no cogent evidence in this regard against the applicant. 6. He further submits that applicant is not having any criminal history and in the present matter, he is in jail since 16.12.2024. 7. Per contra, learned A.G.A. however opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 8. I have heard learned counsel for both the parties and perused the record of the case. 9. However, applicant is husband of the deceased and as per allegation he used to torture his wife for want of dowry, therefore, she committed suicide but from the FIR it reflects, it is based on vague allegation of torture. 10. Further, argument advanced by learned counsel for the applicant with regard to suicide committed by the wife of the applicant cannot be completely ruled out, at this stage. 11. Further, applicant is not having any criminal history and he is in jail, in the present matter, since 16.12.2024. 12. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant- Dharmpal, be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 15. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 16. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 5.4.2025 I.A.Siddiqui Digitally signed by :- IMRAN AHMAD SIDDIQUI High Court of Judicature at Allahabad