Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 90235 (ALL)

RACHIT SINGH v. STATE OF U.P.

BAIL/30804/2025 · 2025-09-09

Sanjay Kumar Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30804 of 2025 Court No. - 65 HON'BLE SANJAY KUMAR SINGH, J. Heard learned counsel for the applicant and learned Additional Government Advocate representing the State. The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 53 of 2025, under Sections 80(2), 85 B.N.S., 2023 and Section 3/4 Dowry Prohibition Act, Police Station Radha Nagar, District Fatehpur, during the pendency of trial. As per the prosecution case in brief, the complainant who is father of the deceased got a first information report lodged on 28.04.2025 against Rachit Singh Chandel, Shankar Singh and Kusum Singh, who are husband, father-in-law and mother-in-law of the deceased respectively stating inter alia that marriage of his daughter was solemnized with the applicant on 12.12.2021, in which sufficient dowry was given by him, but the accused persons were not satisfied with the dowry and there was consistent demand of additional dowry and on non-fulfillment of the same, his daughter was being harassed in her matrimonial home. On 28.04.2025 she was strangled to death. It is argued by learned counsel for the applicant that the applicant is husband of the deceased who has been falsely implicated in this case. The information about the said incident was also given by the applicant. The allegation of the prosecution that the deceased was strangled to death is false and against the evidence on record because as per postmortem report of the deceased she died due to Versus Counsel for Applicant(s) : Kamlakar Pal, Shiv Kumar Pal Counsel for Opposite Party(s) : G.A. Rachit Singh .....Applicant(s) State of U.P. .....Opposite Party(s) asphyxia as a result of ante-mortem hanging and except the ligature mark no injury was found on her body. Much emphasis has been given by contending that the deceased has committed suicide leaving behind her a daughter and a son, who are presently aged about 3 years and 1 year respectively and they are residing at the applicant’s house and are being taken care of by the family of the applicant. Since the applicant is in jail, therefore, no one can take care of his children properly. The applicant has no criminal antecedent. Lastly, it is submitted that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 29.04.2025 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case. Per contra, learned Additional Government Advocate for the State opposed the prayer for bail of the applicant but could not dispute the above factual aspect of the matter as argued on behalf of the applicant. Having heard learned counsel for the parties and examined the matter in its entirety, I find that it is not in dispute that the deceased committed suicide leaving behind her two children, as noted above and no effort has been made from the side of the maternal grandparents to take care of children of the deceased. This Court is of the view that the parents are responsible for taking care of the children. Without proper upbringing, their life may be ruined. Record of the case reveals that at this time, family members of the applicant are taking care of them, therefore, in the interest of justice, this Court feels that the applicant should be enlarged on bail. Considering the facts and circumstances of the case as well as keeping in view the nature of the offence, evidence, complicity of the accused and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail. Hence, the bail application is hereby allowed. Let the applicant-Rachit Singh, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions: (i) That the applicant shall cooperate with the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the BAIL No. 30804 of 2025 2 facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. (iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned before the release of the applicant on bail. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant. It is made clear that the observations contained in the instant order are confined to the issue of bail only and shall not affect the merit of the trial. September 10, 2025 Kashifa BAIL No. 30804 of 2025 3 (Sanjay Kumar Singh,J.) Digitally signed by :- KASHIFA High Court of Judicature at Allahabad