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2025 DAILYLAW 3700 (ALL)

ARJUN SONI @ ARJUN PRASAD v. STATE OF U.P.

BAIL/1084/2025 · 2025-02-16

Sameer Jain

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:22126 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1084 of 2025 Applicant :- Arjun Soni @ Arjun Prasad Opposite Party :- State of U.P. Counsel for Applicant :- B.S. Pandey,Kartikey Pandey Counsel for Opposite Party :- G.A.,Raman Pandey Hon'ble Sameer Jain,J. 1. Heard Sri B.S.Pandey, learned counsel for the applicant, Sri Raman Pandey, learned counsel for the informant and Sri Kunwar Tejendra Bahadur, learned AGA, for the State. 2. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.122 of 2024, under Sections 498A and 304B IPC and Section 3/4 Dowry Prohibition Act, Police Station Kaptanganj, District Basti during pendency of the trial. 3. Learned counsel for the applicant submits that applicant is the father-in-law of the deceased and on the basis of false allegation of demand of dowry and torture he has been made accused in the present matter along with his son, i.e., husband of the deceased and after considering entire facts of the case in detail husband of the deceased, namely, Sachin Soni, has been released on bail by this Court vide order dated 11.12.2024 passed in Criminal Misc.Bail Application No. 43262 of 2024 and on facts case of applicant is on better footing then him. 4. He further submits that there is no specific allegation against the applicant and deceased died due to hanging . He next submits that prima facie it appears to be a case of suicidal death. 5. He further submits that applicant is not having any previous criminal history and he is in jail in the present matter since 28.11.2024. 6. Per contra, learned AGA as well as learned counsel for the informant although opposed the prayer for bail but could not dispute the argument on facts advanced by the learned counsel for the applicant. 7. I have heard learned counsel for the parties and perused the record of the case. 8. Considering the fact that applicant is the father-in-law of the deceased and there is no specific allegation against him and husband of the deceased, namely, Sachin Soni, has already been released on bail by this Court and applicant is not having any previous criminal history and in the present matter he is in jail since 28.11.2024, in my view, applicant is entitled to be released on bail. 9. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 10. Let the applicant-Arjun Soni @ Arjun Prasad 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. 11. 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. 12. 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 :- 17.2.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad