Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 12892 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard learned counsel for the applicant, Sri Shashank Singh, Advocate, brief holder for the State-Respondent and perused the record. By means of the bail application, the applicant has prayed to be enlarged on bail in Case Crime No. 135 of 1987 at Police Station Jasrana, District Firozabad, under Sections147, 149, 498-A, 302, 201 of IPC. The applicant is in jail since 21.10.2025. The bail application of the applicant was rejected by the learned trial court on 18.03.2025.
Learned counsel for the applicant submits that the first information report was lodged with malicious intention after elapsed of a period of about fifteen days after the alleged incident. The deceased was admitted in hospital on 29.04.1987 and due to premature labour pain, after discharge from hospital on 08.05.1987, she expired on next day. According to the Doctor statement recorded under Section 161 Cr.P.C, the deceased got treatment in his hospital and on the own request of her family members deceased, she was discharged. Learned counsel for the applicant has further submitted that the applicant is an old person aged about more than 68 years.. He did not killed his wife. The deceased died only due to weakness and heavy bleeding due to birth of premature child on the way of Firozabad district to Agra (near Yamuna Bridge) and criminatiom was done in presence of several persons.
Learned counsel for the applicant has further submits that applicant has neither demanded any sort of dowry nor harassed the deceased physically or mentally. Versus Counsel for Applicant(s) : Akhilendra Yadav, Noor Muhammad, Yogesh Kumar Srivastava Counsel for Opposite Party(s) : G.A. Kedar Singh .....Applicant(s) State of U.P. .....Opposite Party(s)
Learned counsel for the applicant has lastly submitted that the applicant is innocent and has been falsely implicated in the present case. Allegations levelled against the applicant is based on false fact. There is no chance of fleeing away from the judicial process. The applicant has no other criminal history in his credit. He is languishing in jail since 21.10.2025 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial. Learned AGA has vehemently opposed the prayer of bail, but could not dispute the above submissions raised by learned counsel for the applicant. Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima- facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Kedar Singh involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. September 4, 2025 Vinod.
BAIL No. 12892 of 2025 2 (Ashutosh Srivastava, J.) Digitally signed by :- VINOD KUMAR JAISWAL High Court of Judicature at Allahabad