High Court · 2025
Case Details
2-The instant second bail application U/s 483 of BNSS has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 390 of 2024, under Sections 80(2), 85 BNS and under Sections 3/4 Dowry Prohibition Act, Police Station- Jasrana, District-Firozabad. 3-First bail application of the applicant was rejected by this Court vide order dated 28.02.2025 in Criminal Misc. Bail Application No. 5877 of 2025 on the ground of non-disclosure of criminal history. 4-As per the prosecution case in brief, complainant who is uncle of Richa Singh (deceased) has lodged an F.I.R. on 16.10.2024 for the alleged offence under Sections 80, 85 BNS and Sections 3/4 Dowry Prohibition Act against Shivam Singh, Satyam Singh, Ajeeta, Arpita and Manohar Singh, who are husband, brother-in-law, mother-in-law, sister-in-law and father-in-law of the deceased respectively making allegations inter-alia that the marriage of his niece Richa Singh was solemnized on 11.12.2021 with Shivam Singh. In the said marriage, sufÏcient dowry was given to her in-laws but they were not satisfied with the said dowry and there was consistent demand of a car. On non-fulfillment of additional demand of dowry, she has been done to death. 5-It is argued by learned counsel for the applicant that the applicant is father-in-law of the deceased and is suffering from cancer disease, whose treatment is going on. Referring the conclusion drawn by the investigating ofÏcer recorded in the case diary, it is next argued that the deceased-Richa Singh along with her husband Shivam Singh was living separately from the applicant, hence, the applicant has no concern with the matrimonial affair of the deceased with her husband. As per the post- mortem report, cause of death of the deceased is hanging and except ligature mark around the neck, no external mark of injury was found over the body of the deceased. There is no specific role has been attributed against the present applicant while making general allegation of demand of dowry. Much emphasis has been given by contending that after the incident, applicant was called by the informant and he was badly beaten by family members of the deceased, whereby applicant has received following injuries on his body:- (i) Incised wound size 4.2 cm x 0.9 cm left parietal skull clear cut margin fresh red colour K.U.O. Advise x-ray skull AP/Lat. (ii) Lacerated wound of size 2.9 cm x 0.6 cm left side forehead fresh bleeding red colour. (iii) Contusion of size 6.9 cm x 4.2 cm left wrist with hand traumatic swelling tenderness reddish K.U.O. Advice x-ray left wrist with hand AP/Lat. (iv) Contusion of size 5.9 cm x 4.9 cm left side chest traumatic swelling tenderness reddish K.U.O. Advice x-ray chest AP/Lat. (v) Abrasion of size 2.8 cm x 1.0 cm left ear fresh bleeding red colour. (vi) Contusion of size 4.1 cm x 2.9 cm right lower back no bleeding red colour. (vii) Abrasion of size 2.8 cm x 2.0 cm right lower back no bleeding red colour. (viii) Abrasion of size 4.8 cm x 3.8 cm left scapula back reddish. It is also pointed out that applicant has criminal history of one case, in which he has been acquitted by the trial court, which has been explained in paragraph no. 5 of the afÏdavit. 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 is languishing in jail since 23.12.2024 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. 6-Per contra, learned A.G.A. for the State opposed the prayer for bail of the applicant reiterating the prosecution as mentioned in F.I.R. but does not dispute the above factual aspect of the matter as argued on behalf of the applicant. 7-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, who is father-in-law of the deceased is a cancer patient and general allegation of demand of dowry has been attributed against all the accused persons. The cause of death is hanging. Co-accused Smt. Ajeeta, who is mother- in-law of the deceased and wife of the applicant has already been granted bail by the co-ordinate Bench of this Court vide order dated 24.03.2025 in Criminal Misc. Bail Application No. 9649 of 2025. 8-Considering the overall facts and circumstances of the case as well as keeping in view the nature of the offence, evidence, complicity of the accused, submission of the learned counsel for the parties as noted above, the applicant has made out a case for bail. 9-Hence, the bail application is hereby allowed. 10-Let the applicant-Manohar 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 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 ofÏcer 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. 11-In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant. 12-it is made clear that the observations contained in the instant order are confined to the issue of bail and shall not effect the merit of the trial. Order Date :- 9.4.2025 Saurabh SAURABH KUMAR High Court of Judicature at Allahabad
2-The instant second bail application U/s 483 of BNSS has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 390 of 2024, under Sections 80(2), 85 BNS and under Sections 3/4 Dowry Prohibition Act, Police Station- Jasrana, District-Firozabad. 3-First bail application of the applicant was rejected by this Court vide order dated 28.02.2025 in Criminal Misc. Bail Application No. 5877 of 2025 on the ground of non-disclosure of criminal history. 4-As per the prosecution case in brief, complainant who is uncle of Richa Singh (deceased) has lodged an F.I.R. on 16.10.2024 for the alleged offence under Sections 80, 85 BNS and Sections 3/4 Dowry Prohibition Act against Shivam Singh, Satyam Singh, Ajeeta, Arpita and Manohar Singh, who are husband, brother-in-law, mother-in-law, sister-in-law and father-in-law of the deceased respectively making allegations inter-alia that the marriage of his niece Richa Singh was solemnized on 11.12.2021 with Shivam Singh. In the said marriage, sufÏcient dowry was given to her in-laws but they were not satisfied with the said dowry and there was consistent demand of a car. On non-fulfillment of additional demand of dowry, she has been done to death. 5-It is argued by learned counsel for the applicant that the applicant is father-in-law of the deceased and is suffering from cancer disease, whose treatment is going on. Referring the conclusion drawn by the investigating ofÏcer recorded in the case diary, it is next argued that the deceased-Richa Singh along with her husband Shivam Singh was living separately from the applicant, hence, the applicant has no concern with the matrimonial affair of the deceased with her husband. As per the post- mortem report, cause of death of the deceased is hanging and except ligature mark around the neck, no external mark of injury was found over the body of the deceased. There is no specific role has been attributed against the present applicant while making general allegation of demand of dowry. Much emphasis has been given by contending that after the incident, applicant was called by the informant and he was badly beaten by family members of the deceased, whereby applicant has received following injuries on his body:- (i) Incised wound size 4.2 cm x 0.9 cm left parietal skull clear cut margin fresh red colour K.U.O. Advise x-ray skull AP/Lat. (ii) Lacerated wound of size 2.9 cm x 0.6 cm left side forehead fresh bleeding red colour. (iii) Contusion of size 6.9 cm x 4.2 cm left wrist with hand traumatic swelling tenderness reddish K.U.O. Advice x-ray left wrist with hand AP/Lat. (iv) Contusion of size 5.9 cm x 4.9 cm left side chest traumatic swelling tenderness reddish K.U.O. Advice x-ray chest AP/Lat. (v) Abrasion of size 2.8 cm x 1.0 cm left ear fresh bleeding red colour. (vi) Contusion of size 4.1 cm x 2.9 cm right lower back no bleeding red colour. (vii) Abrasion of size 2.8 cm x 2.0 cm right lower back no bleeding red colour. (viii) Abrasion of size 4.8 cm x 3.8 cm left scapula back reddish. It is also pointed out that applicant has criminal history of one case, in which he has been acquitted by the trial court, which has been explained in paragraph no. 5 of the afÏdavit. 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 is languishing in jail since 23.12.2024 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. 6-Per contra, learned A.G.A. for the State opposed the prayer for bail of the applicant reiterating the prosecution as mentioned in F.I.R. but does not dispute the above factual aspect of the matter as argued on behalf of the applicant. 7-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, who is father-in-law of the deceased is a cancer patient and general allegation of demand of dowry has been attributed against all the accused persons. The cause of death is hanging. Co-accused Smt. Ajeeta, who is mother- in-law of the deceased and wife of the applicant has already been granted bail by the co-ordinate Bench of this Court vide order dated 24.03.2025 in Criminal Misc. Bail Application No. 9649 of 2025. 8-Considering the overall facts and circumstances of the case as well as keeping in view the nature of the offence, evidence, complicity of the accused, submission of the learned counsel for the parties as noted above, the applicant has made out a case for bail. 9-Hence, the bail application is hereby allowed. 10-Let the applicant-Manohar 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 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 ofÏcer 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. 11-In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant. 12-it is made clear that the observations contained in the instant order are confined to the issue of bail and shall not effect the merit of the trial. Order Date :- 9.4.2025 Saurabh SAURABH KUMAR High Court of Judicature at Allahabad