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2025 DAILYLAW 38508 (ALL)

PAWAN KUMAR v. STATE OF U.P.

BAIL/11689/2025 · 2025-09-23

Raj Beer Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 11689 of 2025 Court No. - 71 HON'BLE RAJ BEER SINGH, J. 1. Supplementary affidavit filed by learned counsel for the applicant is taken on record. 2. Heard learned counsel for the applicant, learned A.G.A for the State and perused the material brought on record. 3. The present second bail application has been filed by the applicant- accused in Case Crime No.810 of 2023, under Sections 498A, 304B, 504 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station- Kotwali Nagar, District- Banda with the prayer to enlarge the applicant-accused on bail. 4. It has been argued by learned counsel for the applicant that applicant is husband of deceased and he has been falsely implicated in this case. The marriage of deceased with applicant has taken place about ten months prior to the incident. The allegations of dowry demand and harassment of deceased are wholly false. In postmortem report, no injury has been shown on body of deceased and cause of death is ante-mortem hanging. It is submitted that deceased has committed suicide due to minor dispute. Statements of some independent witnesses were referred and it was submitted that they have not supported prosecution version. 5. It is further submitted that first bail application of applicant was rejected by this Court vide order dated 05.08.2024 and after that statement of informant and PW- 2 Urmila, who are father and mother of deceased, have been recorded and they have not supported prosecution version and turned hostile. Lastly, it was stated that applicant is languishing in jail since 17.11.2023 and that there are number of witnesses, who are yet to be Versus Counsel for Applicant(s) : Ranvijay Chaubey, Tarun Jha Counsel for Opposite Party(s) : G.A., Ram Raksha Tiwari Pawan Kumar .....Applicant(s) State of U.P. .....Opposite Party(s) examined and thus trial of the case would take sufficient long time. It was submitted that in case the applicant is released on bail, he will not misuse the liberty of bail and will co-operate in trial. 6. Learned A.G.A. has opposed the prayer of bail. Learned counsel for the informant has not opposed the bail application and submitted that applicant may be granted bail. 7. Considering submissions of learned counsel for the parties, nature of accusations, period of detention and all attending facts and circumstances of the case, without expressing any opinion on the merits, a case for bail is made out. 8. The bail application is allowed. 9. Let the applicant - Pawan Kumar involved in aforesaid case be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions: i. The applicant shall not tamper with the evidence during the trial. ii. The applicant shall not pressurize/ intimidate any of the prosecution witness. iii. The applicant shall appear before the trial court on the date fixed, unless his personal presence is exempted. iv. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. v. 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence. 10. In case of breach of any of the above condition, the Court concerned shall be at liberty to cancel bail of applicant in accordance with law. September 24, 2025 'SP'/- BAIL No. 11689 of 2025 2 (Raj Beer Singh,J.) Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad