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Neutral Citation No. - 2025:AHC:145232 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26890 of 2024 Applicant :- Ram Singh Opposite Party :- State of U.P. Counsel for Applicant :- Nagendra Kumar Singh,Sarvajeet Singh,Tripurari Pal Counsel for Opposite Party :- G.A.,Ravi Shankar Tripathi Hon'ble Krishan Pahal,J.
1. None is present on behalf of the informant even in the revised call. 2. Heard Sri Tripurari Pal, learned counsel for the applicant and Sri Rajendra Prasad Singh, learned State Law Officer and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 49 of 2024, under Sections 498-A, 304-B, 328 of IPC and Sections 3/4 of Dowry Prohibition Act, Police Station - Bilsi, District - Budaun, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is the father-in-law of the deceased person and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. There are general and omnibus allegations against all the accused persons. 5. Learned counsel has also stated that that the cause of death of deceased could not be ascertained, as such, her viscera was preserved. As per viscera report, organochloro insecticide was found in it. The applicant is languishing in jail since 22.04.2024, having no criminal history to his credit, deserves to be released on bail. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial. 6. Per contra, learned State Law Officer has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history. 7. This Court had called for a report regarding the status of trial and in compliance thereof, a report has been submitted by the Trial Court concerned on 21.08.2025. As per the said report, two witnesses have been examined. 8. The Supreme Court in the case of Kahkashan Kausar @ Sonam Vs. The State of Bihar, reported in (2022) 6 SCC 599 has categorically stated that the Courts should be careful in proceeding against the distant relatives in crimes pertaining to matrimonial disputes and dowry deaths.
The relatives of the husband should not be roped in on the basis of omnibus allegations unless specific instances of their involvement in the crime are made out. 9. Considering the facts and circumstances of the case,
submissions made by learned counsel for the parties and also considering the aforesaid judgement of Supreme Court and the pace of trial coupled by the fact that the applicant being the father- in-law of the deceased person, I find it a fit case to release the applicant on bail. The bail application is allowed.
10. Let the applicant- Ram 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 will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will appear before the trial court on the date fixed.
11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
12. 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:- 22.8.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad