Allahabad High Court
Case Details
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31753 of 2025 Laloo Yadav State of U.P. Versus .....Applicant(s) .....Opposite Party(s) Counsel for Applicant(s) Counsel for Opposite Party(s) : Indra Deo Mishra, Pankaj Kumar Tiwari, Shushil Kumar Mishra : G.A., Rajiv Chowdhury Court No. - 65 HON'BLE SANJAY KUMAR SINGH, J. 1-Heard learned counsel for the applicant, learned Additional Government Advocate representing
Legal Reasoning
the State and Mr. Rajiv Chowdhury, learned counsel appearing on behalf of the complainant. 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. 106 of 2025, under Sections 80(2), 85 B.N.S. and Sections 3/4 D.P. Act, Police Station-Jansa, District-Varanasi during the pendency of trial. 3-As per the prosecution case in brief, complainant-Vijay Bahadur Yadav, who is father of the deceased got a first information report lodged on 23.05.2025 against Kamla Devi, Laloo Yadav (applicant), Annu Yadav and Neha Yadav who are mother-in-law, husband, brother-in-law and nephew of husband of the deceased respectively stating inter-alia that the marriage of his daughter was solemnized on 28.11.2024 but his daughter was being harassed by the accused persons for want of dowry. On 23.05.2025 at about 09:00 am, Annu Yadav, who is brother of the applicant gave an information to the informant that his daughter is ill. F.I.R. further alleges that when he went to her house, he found that the dead body of his daughter was hanging. 4-It is argued by learned counsel for the applicant that the applicant is husband of the deceased and he has been falsely implicated in this case. The information about the said incident was immediately given by the brother of the applicant to the complainant and a written information was also given by the present applicant to the police, on 2 BAIL No. 31753 of 2025 which the parents of the deceased and police came at the spot and inquest proceedings was conducted. Thereafter, the post-mortem of the deceased was done, in which it was found that she has committed suicide. Much emphasis has been given by contending that vague allegation has been levelled against the applicant that there was a demand of dowry but it has not been specified that what was the demand in dowry from the side of the applicant. It is also pointed out that during investigation, complicity of the accused Neha Yadav was found false, as such, she has been exonerated. Co- accused Kamla Devi, who is mother-in-law of the deceased has been granted bail by the co-ordinate Bench of this Court vide order dated 04.09.2025 in Criminal Misc. Bail Application No. 23419 of 2025. The applicant has no criminal antecedent and is languishing in jail since 24.05.2025. 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 as well as learned counsel for the informant 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. 6-Having heard learned counsel for the parties and examined the matter in its entirety, I find that as per post-mortem report, cause of death of the deceased is asphyxia as a result of hanging and except a ligature mark, no other injury was found on the body of the deceased. 7-The further details relating to the incident need not be referred to herein since the allegations and the defence thereto is still open to be urged by the parties in the trial Court. However, it is relevant to mention that there is no dispute that the parameters for bail of accused pending trial and conviction or acquittal of accused after adducing evidences by both the parties before the trial Court are different. This Court is of the view that each case turns on its own facts and circumstances. Even a little difference between the facts of two cases, may alter the entire aspect. 8-In view of the provisions under Section 117 and 118 of the Bhartiya 3 BAIL No. 31753 of 2025 Sakshya Adhiniyam, 2023, it is not that the Courts will shut eyes and act as a silent spectator in all the cases while considering bail applications, the Courts are duty bound to consider broader aspect of the matter and in the light of nature of allegations, the relevant materials of the case diary either produced by the complainant's side or by the accused's side cannot be ignored because bail matters are also related to the valuable liberty of the accused. 9-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. 10-Let the applicant-Laloo Yadav, 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. 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. September 19, 2025 Saurabh (Sanjay Kumar Singh,J.) Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad