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2025 DAILYLAW 88770 (ALL)

KOMAL SINGH v. STATE OF U.P. THROUGH PRINCIPAL SECRETARY HOME GOV. OF U.P. AT LUCKNOW

BAIL/28733/2025 · 2025-08-31

Krishan Pahal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 28733 of 2025 Court No. - 65 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Dwijendra Prasad, learned counsel for the applicant, Sri V.K.S. Parmar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Complaint Case No.18707 of 2021, Case Crime No.245 of 2019, under Sections 498A, 304B I.P.C. and Section 3/4 D.P. Act, Police Station Eka, District Firozabad, during the pendency of trial. 4. Learned counsel for the applicant has stated that the applicant is the father-in-law of the deceased and has been falsely implicated in the present case. He has nothing to do with the said offence. It is a clear-cut case of false implication. Even the dying declaration of the deceased indicates that it was the deceased who had set herself afire by sprinkling diesel over her. She has not allayed any allegations against the applicant. 5. Learned counsel for the applicant has further stated that even during investigation, closure report was filed but subsequent to it, another complaint case has been filed by the informant. There is no criminal history of the applicant. The applicant is languishing in jail since 20.07.2025 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 but could Versus Counsel for Applicant(s) : Dwijendra Prasad Counsel for Opposite Party(s) : G.A. Komal Singh .....Applicant(s) State Of U.P. Through Principal Secretary Home Gov. Of U.P. At Lucknow .....Opposite Party(s) not dispute the submissions made by the counsel for the applicant. 7. The Supreme Court in the judgment of Kahkashan Kausar @ Sonam vs. The State of Bihar, (2022) 6 SCC 599 has categorically opined 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. 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 dying declaration of the deceased and fact that the applicant is the father-in-law of the deceased, 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- Komal 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. September 1, 2025 (Ravi Kant) BAIL No. 28733 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad