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2025 DAILYLAW 47613 (ALL)

SIYARAM GUPTA AND ANOTHER v. State of U.P.

BAIL/14492/2024 · 2025-08-19

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:142662 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14492 of 2024 Applicant :- Siyaram Gupta And Another Opposite Party :- State of U.P. Counsel for Applicant :- Om Narayan Pandey,Ramesh Chandra Agrahari Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Supplementary affidavit filed today is taken on record. 3. Heard Sri Aunmap Dubey, Advocate holding brief of Sri Ramesh Chandra Agrahari, learned counsel for the applicants, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 4. Applicants seek bail in Case Crime No.756 of 2023, under Sections 498A, 304B IPC and 3/4 D.P. Act, Police Station Roja, District Shahjahanpur, during the pendency of trial. 5. Learned counsel for the applicants has argued that applicant no.1 is the father-in-law and applicant no.2 is the mother-in-law of the deceased and have been falsely implicated in the present case. They have nothing to do with the said offence as they live separately to the husband wife duo. The certificate of Gram Pradhan in this regard has been filed as annexure no.7 to the affidavit accompanying the bail application. There are general and omnibus allegations against all the accused persons. 6. Learned counsel for the applicants has further argued that the cause of death was asphyxia as a result of ante-mortem strangulation. The trial is moving at a snail's pace as only three witnesses have been examined to date. There is no likelihood of conclusion of trial in near future. There is no criminal history of the applicants. The applicants are languishing in jail since 19.12.2023 and they are ready to cooperate with trial. In case, the applicants are released on bail, they will not misuse the liberty of bail. 7. Learned A.G.A. has vehemently opposed the bail application. 8. This Court had called for the status of trial from the concerned Trial Court. As per the said status report dated 12.08.2025, three witnesses have been examined. 9. The Supreme Court in the judgment of Kahkashan Kausar @ Sonam vs. The State of Bihar, (2022) 6 SCC 599 has categorically opined that the Courts should be careful in proceeding against the distant relatives in crimes pertaining to matrimonial disputes and dowry deaths. The relatives of the husband should not be roped in on the basis of omnibus allegations unless specific instances of their involvement in the crime are made out. 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the fact that the applicants are the father-in-law and mother-in-law of the deceased and the trial is standstill as only three witnesses have been examined to date, and without expressing any opinion on the merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed. 11. Let the applicants- Siyaram Gupta and Lajjawati, who is involved in aforementioned case crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicants shall not tamper with evidence during trial. (ii) The applicants shall not pressurise/intimidate with the prosecution witnesses. (iii) The applicants shall appear before the trial court on the date fixed. 12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 13. It is made clear that observations made in granting bail to the applicants shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 20.8.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad