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Neutral Citation No. - 2025:AHC:29559 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2275 of 2025 Applicant :- Puran Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Counsel for Opposite Party :- Ajay Kumar Dwivedi,G.A. Hon'ble Sanjay Kumar Singh,J. Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and learned counsel appearing on behalf of the first informant/complainant. The instant bail application under Section 483 of B.N.S.S.,2023 has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.231 of 2024, under Sections 80(2), 85 & 351(2) BNS, 2023 and 3/4 D.P. Act, Police Station- Pachokhra, District- Firozabad during the pendency of trial. It is argued by learned counsel for the applicant that complainant who is father of the deceased lodged an F.I.R. on 30.11.2024 for the offence under Sections 85, 80, 351(2) B.N.S. and 3/4 D. P. Act against Jitendra Kumar, Pooran Singh, Sanjay Vimal, Ravi Kumar, Smt. Anar Devi and Km. Priti who are husband, father-in-law- applicant, brother-in-law (dewar), brother-in-law (jeth), mother-in- law and sister-in-law of the deceased respectively making general allegations inter alia of harassment of deceased in her matrimonial home. Much emphasis has been given by contending that allegation of demand of dowry against the applicant is false and based on concocted facts. The applicant had no concerned with the matrimonial affair of the deceased with her husband. No specific role has been attributed to the applicant. Cause of death of the deceased is hanging. Except ligature mark around her neck no injury was found on her body. Co-accused Smt. Narayan Devi who is mother-in-law of the deceased has been granted bail vide order dated 24.01.2025 in Criminal Misc. Bail Application No.2569 of
2025. Therefore, the applicant, who is father-in-law and languishing in jail since 20.12.2024, may be enlarged on bail. 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 history to his credit 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 as well as learned counsel for the informant opposed the prayer for bail of the applicant by contending that innocence of the applicant cannot be adjudged at pre-trial stage but they do 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 applicant is father-in-law and co-accused Smt. Anar Devi who is mother-in-law of the deceased under the similar accusation has been granted bail, herefore, the applicant has made out a fit case for 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, the bail application is hereby allowed. Let the applicant Puran 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
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.
Order Date :- 3.3.2025 Asha Digitally signed by :- ASHA High Court of Judicature at Allahabad Digitally signed by :- ASHA High Court of Judicature at Allahabad