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2025 DAILYLAW 95975 (ALL)

SHRIKANT NISHAD @ LALLU v. STATE OF U.P.

BAIL/31605/2025 · 2025-09-15

Sanjay Kumar Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31605 of 2025 Court No. - 65 HON'BLE SANJAY KUMAR SINGH, J. 1-Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record. 2-The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 84 of 2025, under Section 85, 80(2) B.N.S. and Sections 3/4 D.P. Act, Police Station-Meja, District-Prayagraj during the pendency of trial. 3-As per the prosecution case in brief, complainant Brahmanand Nishad, who is father of the deceased-Manorma got a first information report lodged on 04.03.2025 against Shrikant @ Lallu, Kusum Devi, Shivdhari, Genda Nishad and wife of Genda Nishad, who are husband, mother-in-law, father-in-law, brother-in-law and sister-in-law of the deceased respectively stating inter-alia that the marriage of his daughter Manorma was solemnized in the month of May, 2021 with the present applicant and in the said marriage, sufficient dowry was given but later on, there was additional demand of Rs. 1,00,000/- and a gold chain. F.I.R. further alleges that on account of non-fulfillment of their additional demand, his daughter was being harassed and tortured in her matrimonial home due to which she committed suicide on 26.02.2025. On receiving information of the said incident from the villagers and police, he went to the matrimonial home of his daughter on 28.02.2025 at about 10:00 o'clock. 4-It is submitted by learned counsel for the applicant that the Versus Counsel for Applicant(s) : Shubhanshu Kumar Bhushan, Sumit Kumar Srivastava Counsel for Opposite Party(s) : G.A. Shrikant Nishad @ Lallu .....Applicant(s) State of U.P. .....Opposite Party(s) applicant is husband of the deceased and he has been falsely implicated in this case. On the information when the police reached at the spot, it was found that the dead body of the deceased was hanging inside a room which was bolted from inside. Thereafter, dead body of the deceased was brought down by the police and the inquest proceeding was conducted on 27.02.2025. At that time, complainant and his other family members were very much present and their names have also found place in the inquest proceedings. After post-mortem of the deceased, her dead body was handed over to the applicant along with other family members, who have cremated the same in accordance with rites and rituals. Much emphasis has been given by contending that the parents of the deceased were very much present since 27.02.2025 but the impugned F.I.R. was lodged on 04.03.2025, after a delay of six days without any explanation. It is also submitted that the allegation of demand of dowry is alleged by the prosecution is wholly false and against the evidence on record. In fact, deceased died by committing suicide. Referring the statement of independent witness namely Smt. Kanti Devi, it is further pointed out that she has stated inter-alia that on the day of incident, applicant was not present at the house as he had gone to Kumbh Mela along with his mother Kusum Devi. 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. The applicant has no criminal antecedent is languishing in jail since 11.03.2025. In case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case. 5-Per contra, learned A.G.A. for the State opposed the prayer for bail of the applicant. 6-Having heard learned counsel for the parties and examined the matter in its entirety, I find that as per post-mortem report of the deceased, cause of death is asphyxia as a result of ante-mortem hanging and except a ligature mark, no other injury was found on the body of the deceased. This Court also finds that when the police reached at the place of incident, the dead body of the deceased was found hanging inside a room, which was also bolted from inside. The F.I.R. of this case was lodged after delay of six days' whereas the BAIL No. 31605 of 2025 2 family members of the deceased was very much present at the time of inquest proceedings. 7-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 fit case for bail. Hence, the bail application is hereby allowed. 8-Let the applicant-Shrikant Nishad @ Lallu, 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 before the release of the applicant on bail. 9-In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant. September 16, 2025 Saurabh BAIL No. 31605 of 2025 3 (Sanjay Kumar Singh,J.) Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad