Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 36563 (ALL)

NIRANJAN v. STATE OF U.P.

BAIL/11074/2025 · 2025-09-14

Sanjay Kumar Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 11074 of 2025 Court No. - 65 HON'BLE SANJAY KUMAR SINGH, J. On the matter being taken up, learned counsel for the applicant filed second supplementary affidavit dated 07.08.2025, which is taken on record. Heard learned counsel for the applicant and learned Additional Government Advocate representing the State. The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 15 of 2025, under Sections 85, 80(2) B.N.S. and Sections 3/4 Dowry Prohibition Act, Police Station Dankaur, District Gautam Buddh Nagar, during the pendency of trial. It is argued by learned counsel for the applicant that the applicant is father-in-law of the deceased and he has been falsely implicated in this case. Statements of complainant Khem Singh and his wife Somwati have been recorded as PW-1 and PW-2 on 02.06.2025 and 16.07.2025, but they have not supported the prosecution case, hence at the request of prosecution, they have been declared hostile. Versus Counsel for Applicant(s) : Ayush Mishra, Durga Prasad Tiwari, Prabha Shanker Mishra, Pramod Kumar, Rahul Shukla, Sanjay Kumar Rajbhar Counsel for Opposite Party(s) : G.A. Niranjan .....Applicant(s) State of U.P. .....Opposite Party(s) Referring the statements of PW-1 and PW-2, it is further argued that in the light of statements of PW-1 and PW-2, who are mother and father of the deceased, there is bleak chance of conviction of the applicant who is languishing in jail since 19.01.2025 having no criminal antecedent. Lastly, it is submitted by learned counsel for the applicant that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case. Per contra, learned Additional Government Advocate for the State opposed the prayer for bail of the applicant but could not dispute the above factual aspect of the matter as argued on behalf of the applicant. Having heard learned counsel for the parties and examined the matter in its entirety, I find substance in the submission of learned counsel for the applicant that PW-1 and PW-2 have been declared hostile by the trial court, hence in the light of their statements, prima facie, the applicant has made out a case for bail. Accordingly, the bail application is hereby allowed. Let the applicant-Niranjan, be released on bail in the aforesaid case crime number 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) That the applicant shall cooperate with the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That 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 BAIL No. 11074 of 2025 2 officer or tamper with the evidence. (iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned before the release of the applicant on bail. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant. It is made clear that the observations contained in the instant order are confined to the issue of bail only and shall not affect the merit of the trial. September 15, 2025 Kashifa BAIL No. 11074 of 2025 3 (Sanjay Kumar Singh,J.) Digitally signed by :- KASHIFA High Court of Judicature at Allahabad