Babu Ram vs State of U.P.

Neutral Citation No. - 2025:AHC:106104

Court No. - 65

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16398 of 2025

Applicant :- Babu Ram Opposite Party :- State of U.P. Counsel for Applicant :- Ram Singh Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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List has been revised.

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Heard Sri Ram Singh, learned counsel for the applicant and Ms. Ifrah Islam, learned State Law Officer and also perused the material placed on record.

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Applicant seeks bail in Case Crime No. 02 of 2025, under Sections 80(2), 85 & 92 of BNS and Sections 3/4 of Dowry Prohibition Act, Police Station - Bharatkoop, District - Chitrakoot, during the pendency of trial.

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Learned counsel for the applicant has argued that the applicant, who is the father-in-law of the deceased person, is innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. The FIR is delayed by about 17 days and there is no explanation of the said delay caused. The FIR has been lodged as an afterthought and after legal consultations.

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Learned counsel has also stated that there are general and omnibus allegations against all the accused persons including the applicant. The applicant lives separately to the husband and wife duo, as such, it is a clear cut case of false implication.

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Learned counsel has next contended that the cause of death of deceased has been found to be asphyxia as a result of ante-mortem hanging. The applicant is languishing in jail since 09.01.2025, having no criminal history to his credit. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial.

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Per contra, learned State Law Officer has vehemently opposed

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the bail application on the ground that the victim was pregnant at an advanced stage of about 30 weeks. However, she could not dispute the fact that the applicant has no criminal history.

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The Supreme Court in the case of Kahkashan Kausar @ Sonam Vs. The State of Bihar , reported in 2022(6) SCC 599 has categorically stated that the Courts should be careful in proceeding against the distant relatives in crimes pertaining to matrimonial disputes and dowry deaths. The relatives of the husband should not be roped in on the basis of omnibus allegations unless specific instances of their involvement in the crime are made out.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, delay in lodging the FIR, judgement of Supreme Court passed in Kahkashan Kausar @ Sonam (supra) and also considering the fact that the applicant lives separately to the victim and her husband coupled by the fact that the cause of death of deceased has been found to be asphyxia as a result of ante-mortem hanging, I find it a fit case to release the applicant on bail. The bail application is allowed .

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Let the applicant- Babu Ram , who is involved in aforementioned case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.

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i) The applicant will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses.

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iii) The applicant will appear before the trial court on the date fixed.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

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Order Date:- 7.7.2025 Siddhant

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(Justice Krishan Pahal)

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Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad

Babu Ram v. State of U.P.

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Babu Ram v. State of U.P.

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