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2025 DAILYLAW 66729 (ALL)

SONU YADAV v. STATE OF U.P.

BAIL/21095/2025 · 2025-09-16

Sanjay Kumar Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 21095 of 2025 Court No. - 65 HON'BLE SANJAY KUMAR SINGH, J. On the matter being taken up, learned counsel for the applicant filed supplementary affidavit dated 01.09.2025 before this Court, 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. 98 of 2023, under Sections 498A, 304B, 201 of I.P.C. and Sections 3/4 Dowry Prohibition Act, Police Station Dhata, District Fatehpur, during the pendency of trial. As per the prosecution case, in brief, complainant Nathan Lal, who is father of the deceased got a first information report lodged on 28.05.2023 against Luvkush, Luvlesh, Sonu (applicant), Monu and Smt. Pratima, who are brothers-in-law, husband, brother-in-law and mother-in-law of the deceased respectively with the allegations inter alia that marriage of his daughter was solemnized with the applicant six years back, but after marriage her in-laws started demanding dowry. On non-fulfillment of their demands, his daughter was done to death on 14.05.2023. Main substratum of argument of learned counsel for the applicant is that the applicant has been falsely implicated in this case. It is pointed Versus Counsel for Applicant(s) : Ved Prakash Shukla Counsel for Opposite Party(s) : G.A. Sonu Yadav .....Applicant(s) State of U.P. .....Opposite Party(s) out that statement of Nathan Lal who is father of the deceased, has been recorded as PW-1 on 22.08.2025 before the trial court but he has not supported the prosecution case, hence after recording his examination-in-chief at the request of prosecution he has been declared hostile. On the strength of said submission it is further argued that in the light of statement of PW-1, now there is bleak chance of conviction of the applicant who is languishing in jail since 18.08.2023 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 that it is not in dispute that the complainant, who is father of the deceased in his examination-in- chief, has not supported the prosecution case and has been declared hostile, hence in the light of statement of father of the deceased (PW- 1) prima facie, the applicant has made out a case for bail. Accordingly, the bail application is hereby allowed. Let the applicant-Sonu Yadav, 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 BAIL No. 21095 of 2025 2 the court or to any police 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 17, 2025 Kashifa BAIL No. 21095 of 2025 3 (Sanjay Kumar Singh,J.) Digitally signed by :- KASHIFA High Court of Judicature at Allahabad