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2025 DAILYLAW 67214 (ALL)

NARENDRA SINGH v. STATE OF U.P.

BAIL/23816/2025 · 2025-07-09

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:109449 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23816 of 2025 Applicant :- Narendra Singh Opposite Party :- State of U.P. Counsel for Applicant :- Vinay Kumar Singh Chandel Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Arun Kumar Singh, Advocate holding brief of Sri Vinay Kumar Singh Chandel, learned counsel for the applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.66 of 2025, under Sections 85, 80(2), 115(2), 118(2) B.N.S. and Section 3/4 D.P. Act, Police Station Mundali, District Meerut, during the pendency of trial. 4. As per prosecution story, the marriage of the applicant was solemnized with the deceased person as per Hindu Rites on 11.12.2020. The applicant and other family members are stated to have subjected her to cruelty for demand of Rs.5 lakhs as dowry, thereby the deceased had sprinkled diesel over her and set herself afire on 14.04.2025 at about 1:00 a.m. 5. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. The FIR is delayed by about four days and there is no explanation of the said delay caused. There is no dying declaration of the deceased person. The applicant has nothing to do with the said offence. There was a brawl between the husband wife duo, as such, the wife set herself afire by sprinkling diesel over her. The husband rushed to save her and even had sustained burn injuries. 6. Learned counsel for the applicant has further stated that the applicant had admitted the deceased person in an injured state in the hospital. The cause of death is septicemia as a result of ante- mortem burn injuries. There are general and omnibus allegations against all the accused persons. There is no criminal history of the applicant. The applicant is languishing in jail since 07.05.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Learned A.G.A. has vehemently opposed the bail application. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the delay in institution of FIR and the fact that there is no dying declaration of the deceased person, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 9. Let the applicant- Narendra Singh, who is involved in aforementioned case crime be released on bail on his 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 applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 10.7.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad