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2025 DAILYLAW 93381 (ALL)

SOHAN AHIRWAR v. STATE OF U.P.

BAIL/31120/2025 · 2025-09-10

Sanjay Kumar Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31120 of 2025 Court No. - 65 HON'BLE SANJAY KUMAR SINGH, J. Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record. By means of this bail application, applicant Sohan Ahirwar, who is involved in Case Crime No. 451 of 2025, under Sections 80(2), 85, 115(2) BNS and Section 3/4 Dowry Prohibition Act, police station Bisrakh, district Gautam Buddh Nagar, seeks enlargement on bail during the pendency of trial. As per prosecution case, in brief, complainant Kishan, who is father of the deceased Laxmi Ahirwar, got an F.I.R. lodged on 26.06.2025 against the applicant Sohan Ahirwar, who is husband of the deceased, stating inter alia that marriage of his daughter was solemnized on 05.05.2020 but after six months, the applicant started harassing his daughter and demanding a motorcycle and Rs. One lac. F.I.R. also alleges that her daughter and the applicant both were doing labour work. On 14.07.2024, his daughter was pushed by the applicant while doing labour work whereby she fell down from multi- storey building and succumbed to injuries. It is argued by learned counsel for the applicant that the incident took place on 14.07.2024 whereas F.I.R. has been lodged after about one year on 26.06.2025. It is further pointed out that during labour work, Versus Counsel for Applicant(s) : Anupam Dubey, Vimalendra Kumar Shukla Counsel for Opposite Party(s) : G.A. Sohan Ahirwar .....Applicant(s) State of U.P. .....Opposite Party(s) on account of some altercation, the deceased jumped from the multi- storey building. The applicant tried to save her and she was taken to Vrindavan Hospital, Noida where doctors declared her as brought dead. Thereafter, the applicant and his relatives took her to her village Bhagwa and informed the police. Thereafter, inquest proceeding of the dead body of the deceased was conducted on 15.07.2024. The applicant was also present at the time of inquest and after conducting the inquest proceeding, her dead body was cremated. On the strength of aforesaid facts, it is argued that it is neither a case of dowry death nor a case of murder but maximum it could be a case of committing suicide by the deceased. It is also pointed out that after inquest proceeding, no F.I.R. was lodged at Damoh (M.P.) and after a long gap of about one year, the complainant in order to settle his personal score, got an F.I.R. lodged on 26.06.2025 against the applicant. The applicant does not have any criminal history to his credit. Lastly, it is submitted that there is no chance of the applicant fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 30.06.2025 and in case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate with the trial. Per contra, learned A.G.A. for the State opposed the prayer for bail of the applicant but does 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 as soon as the incident took place, best effort was made by the applicant to save the life of his wife (deceased) but she could not survive and thereafter she was taken to her native place and he also informed the police. He had not absconded rather he was present at the time of inquest proceeding which took place in district Damoh, which shows natural conduct of the applicant and the same is one of the relevant factors to be kept in mind while deciding bail application. Considering the facts and circumstances of the case as well as keeping in view the nature of the offence, evidence, complicity of the BAIL No. 31120 of 2025 2 accused, conduct of the applicant and submissions of the learned counsel for the parties, this Court is of the opinion that the applicant has made out a case for bail. Hence, the bail application is hereby allowed. Let the applicant Sohan Ahirwar 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, which are being imposed in the interest of justice:- (i) That the applicant shall cooperate in 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 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. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail. September 11, 2025 Shubham BAIL No. 31120 of 2025 3 (Sanjay Kumar Singh,J.) Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad