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2025 DAILYLAW 92231 (ALL)

ALOK SHARMA v. STATE OF U.P. AND ANOTHER

BAIL/30817/2025 · 2025-09-09

Sanjay Kumar Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30817 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. 494 of 2024, under Sections 85, 80(2) B.N.S. and Sections 3/4 Dowry Prohibition Act, Police Station Kalyanpur, District Kanpur Nagar, during the pendency of trial. As per prosecution case, in brief, the complainant who is father of the deceased got a first information report lodged on 25.10.2024 against applicant-Alok Sharma and Urmila Sharma who are husband and mother-in-law of the deceased making allegations inter alia that marriage of his daughter was solemnized with the applicant on 22.04.2024, but after a week he started demanding Rs. 10,00,000/- for business, but on non fulfilment of his demand, his daughter was thrown out of her matrimonial home and thereafter he paid Rs. 50,000/- in cash and he was also bearing the expenses of his daughter. Even then she was being harassed in her matrimonial home. On 24.10.2024 at about 11 O'clock the applicant informed that his daughter has committed suicide. Main substratum of argument of learned counsel for the applicant is that the applicant who is husband of the deceased has been falsely implicated in this case. Information about the said incident Versus Counsel for Applicant(s) : Dipak Srivastava, Pawan Kumar Srivastava Counsel for Opposite Party(s) : G.A. Alok Sharma .....Applicant(s) State of U.P. and Another .....Opposite Party(s) was given by the applicant to his father-in-law. Much emphasis has been given by contending that before the trial court statement of complainant has been recorded as PW-1 on 31.07.2025, wherein he has stated inter alia that some contents of application (प्रदशर् क-1) which was given for registration of the F.I.R. are not correct. On the strength of aforesaid statement, it is further argued that in the light of statement of PW-1, it is clear that exaggerated allegations have been levelled against the applicant. The complainant has also denied the allegation of demand of Rs. 10,00,000/- for business against the applicant. Lastly it is submitted that in view of the statement of the complainant, who is father of the deceased, there is bleak chance of conviction of the applicant who has no criminal antecedent and is languishing in jail since 27.10.2024. Lastly, it is submitted by learned counsel for the applicant that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. 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 in the light of statement of PW-1 recorded before the trial court as noted above, prima facie, the applicant has made out a case for bail. Hence, the bail application is hereby allowed. Let the applicant-Alok Sharma, 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. BAIL No. 30817 of 2025 2 (ii) That the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the 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. 30817 of 2025 3 (Sanjay Kumar Singh,J.) Digitally signed by :- KASHIFA High Court of Judicature at Allahabad