Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 24612 of 2025 Court No. - 51 HON'BLE RAJ BEER SINGH, J.
1. Heard learned counsel for applicant, learned A.G.A. for State and perused the material brought on record. 2. The present second bail application has been filed on behalf of applicant in Case Crime No.0034 of 2024, under Sections 498-A, 304-B IPC and Section 3/4 D.P. Act, P.S. Cheelh, District Mirzapur, with the prayer to enlarge the applicant on bail. 3. It is submitted by learned counsel for applicant that applicant is innocent and he has not committed any offence. Applicant is husband of the deceased and their marriage has taken place on 29.6.2023. The allegations of dowry demand and harassment of deceased made against applicant are wholly false. It was further submitted that deceased has committed suicide merely because she was not allowed to go market. In postmortem report except ligature mark, no injury has been shown on body of the deceased and cause of death is ante mortem hanging. It is further submitted that first bail application of applicant was rejected by this Court vide order dated 21.08.2024 but not a single witness has been examined before the trial court so far and thus trial of the case is likely to take sufficient long time. Applicant is in jail since 17.02.2024 and thus he has already undergone detention of one and half year. Applicant has no criminal history. Referring to facts of the matter, it was submitted that a case for bail is made out. 4. Per contra, learned A.G.A. has vehemently opposed the bail application and submitted that applicant is husband of deceased and that deceased has suffered death due to hanging within a period of 8 months of her marriage. Versus Counsel for Applicant(s) : Pawan Kumar Srivastava Counsel for Opposite Party(s) : G.A. Shiv Kumar Alias Monu .....Applicant(s) State of U.P. .....Opposite Party(s)
Referring to facts of the matter, it was submitted that no case for bail is made out. 5. Considering the submissions of learned counsel for the parties and all attending facts, particularly the period of detention and the stage of trial, without expressing any opinion on merits, a case for bail is made out. Hence, the present second bail application is hereby allowed. 6.
Let the applicant Shiv Kumar Alias Monu involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned, subject to the following conditions: i. The applicant shall not tamper with the evidence during trial. ii. The applicant shall not pressurize/intimidate the prosecution witnesses. iii. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted. iv. The applicant shall not try to contact, threat or otherwise influence the complainant or any of the witness of the case. 7. In case of breach of any of the above condition, the court concerned shall be at liberty to cancel the bail of applicant, in accordance with law. October 10, 2025 CS/- BAIL No. 24612 of 2025 2 (Raj Beer Singh,J.) Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad