Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 16270 of 2026 Court No. - 66 HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Vivek Kumar Singh, Advocate, holding brief of Sri Sanjay Vikram Singh, counsel for the applicant, Sri Dipankar Tripathi, Advocate, holding brief of Sri Nitin Sharma, counsel for the first informant, Sri Anand Pratap Singh, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to release the applicant on bail during trial in Case Crime No. 483 of 2025, under Sections 80(2), 85 of B.N.S and Section 3/4 Dowry Prohibition Act, P.S. Baksha, District-Jaunpur. 3. Counsel for the applicant submitted that the applicant is husband of the deceased. It is further submitted that during investigation, father, mother, brother and sister of the deceased supported the prosecution story regarding harassment for non-fulfillment of demand of dowry. However, during trial, father, mother, brother and sister of the deceased, who were examined as P.W.-1 to 4 did not support the prosecution story and P.W.-1 to 3 were declared hostile by the trial court. It is further submitted that during trial the prosecution witnesses clearly stated that the applicant never demanded any dowry from the deceased or harassed her for non-fulfillment of demand of dowry. They also submitted that the deceased was short-tempered lady and she was pressuring the applicant to live separately from his family and when the applicant refused to do so then the deceased committed suicide. It is further submitted that as on date there is no material against the applicant. It is further submitted that the applicant has no criminal history. It is further submitted that charge sheet has been filed in the present case, therefore, Versus Counsel for Applicant(s) : Sanjay Vikram Singh Counsel for Opposite Party(s) : G.A., Kumud Kumar, Nitin Sharma Hitesh Rao .....Applicant(s) State of U.P. .....Opposite Party(s)
there is no requirement of custodial interrogation. The applicant is a law abiding citizen and he is languishing in jail since 13.12.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. Per contra, learned A.G.A. has vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 5.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties; taking into account the statement of the prosecution witnesses (P.W.-1 to 4) and also taking into account that P.W.-1 to 3 have been declared hostile by the trial and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. Accordingly, the bail application is allowed. 6. Let the applicant- Hitesh Rao involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:- i. 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. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by him. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity, status and residence proof of the applicant and sureties be BAIL No. 16270 of 2026 2
verified by the court concerned before the bonds are accepted. 9. It is made clear that the applicant shall be released on the basis of computer generated copy of this order, downloaded from the official website of High Court Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within 15 days. 10.
It is further directed that the trial court shall send the release order to the concerned jail through Bail Order Management System (BOMS) to ensure early release of the applicant. 11. Office is directed to send a copy of this order to the applicant through concerned Jail Superintendent via e-mail or on e-prison portal and Trial Court via e-mode within 24 hours in compliance of the order of the Apex Court in the case of Policy Strategy for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No.4 of 2021 decided on 31.01.2023 reported in (2024) 10 SCC 685 as well as Pila Pahan @ Peela Pahan and others Vs. State of Jharkhand and another, in Writ Petition (Criminal) No. 169 of 2025, decided on 29.05.2026. September 18, 2026 CS/- BAIL No. 16270 of 2026 3 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad