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Neutral Citation No. - 2025:AHC:115652 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22908 of 2025 Applicant :- Raj Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Sengar Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Sri Ajay Sengar, learned counsel for the applicant and Shri S.K.Rai, learned AGA-Ist for the State. The instant bail application has been filed seeking release of the applicant-Rajkumar, on bail in Case Crime No. 99 of 2025, under Sections 85 and 108 of B.N.S., Police Station-Kotwali Orai, District-Jalaun, during pendency of the trial.
Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. He further submits that the applicant is father in law of the deceased Priyanka and on the basis of false allegation of abetment he has been roped in the present matter and is languishing in jail since 25.02.2025. It has been argued that First Information Report was lodged by the first informant on 21.02.2025, against the applicant and two other persons with the allegation that the marriage of the son of the applicant namely Ashwani Kumar @ Jitendra and daughter of the applicant namely was solemnized on 14.04.2017. It has been further mentioned that the applicant and other named persons tortured the deceased Priyanka for additional dowry. It has been further stated that on 20.02.2025 a telephonic information was received by the first informant about death of his daughter and daughter in law (Natin). It has been further mentioned that due to non fulfillment of dowry his daughter and daughter in law has been murdered. Learned counsel for the applicant submits that the real fact is that the deceased Priyanka Devi was in relation with her class mate and when the son of the applicant restricted her she herself engulfed poison after giving it to her daughter. Learned counsel for the applicant further submits that the applicant and his wife are living separately and has no concern either from his son
namely Ashwani Kumar @ Jitendra or his wife Smt. Priyanka Devi. After the incident the applicant has immediately informed the police of the concerned Police station and the parents of his son in law. In the post mortem report the cause of death of both the deceased, have not been ascertained and hence Viscera was preserved but report is still awaited. Applicant has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail but could not dispute the argument on facts advanced 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, RaJ Kumar, 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.
Order Date :- 17.7.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad