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2025 DAILYLAW 71246 (ALL)

SURENDRA SINGH v. STATE OF U.P.

BAIL/23361/2025 · 2025-07-07

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:106745 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23361 of 2025 Applicant :- Surendra Singh Opposite Party :- State of U.P. Counsel for Applicant :- Madan Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Madan Singh, 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.37 of 2025, under Sections 85, 80(2) B.N.S. and Section 3/4 D.P. Act, Police Station Mundha Pandey, District Moradabad, during the pendency of trial. 4. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. The deceased has expired within the precincts of her maternal home and not in the house of her in-laws. The applicant is the husband of the deceased person and has nothing to do with the said offence. The FIR is delayed by about eight hours and there is no explanation of the said delay caused. 5. Learned counsel for the applicant has further stated that the cause of death is asphyxia as a result of antemortem hanging. There is no criminal history of the applicant. The applicant is languishing in jail since 19.02.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Learned A.G.A. has vehemently opposed the bail application. 7. 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 deceased has expired within the precincts of her maternal home 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. 8. Let the applicant- Surendra 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. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. 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 :- 8.7.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad