Chandan Alias Vivek Verma Vs State of U.P. — Dowry and Cruelty | Allahabad HC (2025)

Chandan Alias Vivek Verma Vs State of U.P. — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Release on bail upon furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to verification of sureties before the release order and conditions: (i) not to tamper with evidence during trial; (ii) not to pressurise/intimidate prosecution witnesses; (iii) to appear before the trial court on the date fixed.

Issue for consideration

Whether the applicant, accused in Case Crime No.278 of 2024 (Session Trial No.1109 of 2024) under Sections 498-A, 304-B I.P.C. and Section 3/4 D.P. Act, is entitled to release on bail during the pendency of trial.

Court's answer

Considering the facts and circumstances, the submissions of learned counsel for the parties, the evidence on record, taking into consideration the dying declaration of the deceased, and without expressing any opinion on the merits of the case, the Court held that the applicant has made out a case for bail.

Ratio / Principle

The applicant is to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to verification of sureties before the release order and conditions that he shall not tamper with evidence during trial, shall not pressurise/intimidate prosecution witnesses, and shall appear before the trial court on the date fixed; breach of any condition shall be a ground for cancellation of bail.

Key takeaways

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.obiter¶19

Detailed headnote1 paragraphs

Allahabad High Court (Krishan Pahal, J.; Neutral Citation 2025:AHC:108188) allowed Criminal Misc. Bail Application No. 19474 of 2025 filed by Chandan Alias Vivek Verma, accused in Case Crime No.278 of 2024 (Session Trial No.1109 of 2024), Police Station Kotwali, District Shahjahanpur, under Sections 498-A, 304-B I.P.C. and Section 3/4 D.P. Act. Taking into consideration the dying declaration of the deceased and without expressing any opinion on the merits, the Court held the applicant had made out a case for bail. Counsel had urged false implication, a dying declaration (annexure no.3) indicating suicide by sprinkling kerosene oil and self-immolation, an unexplained delay of about twenty-two hours in the FIR, absence of criminal history, and custody since 24.06.2024. The applicant was ordered released on a personal bond and two sureties each in the like amount, subject to conditions against tampering with evidence and pressurising/intimidating prosecution witnesses and requiring appearance before the trial court; breach of conditions to be a ground for cancellation of bail; observations made not to affect the trial Judge's independent opinion.

Neutral Citation No. - 2025:AHC:108188

Court No. - 65

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19474 of 2025

Applicant :- Chandan Alias Vivek Verma Opposite Party :- State of U.P. Counsel for Applicant :- Mukti Nath Dwivedi Counsel for Opposite Party :- G.A.

Hon'ble Krishan Pahal,J.

List has been revised.

Heard Sri Mukti Nath Dwivedi, learned counsel for the applicant, Sri R.P. Patel, learned State Law Officer for the State and perused the material placed on record.

Applicant seeks bail in Case Crime No.278 of 2024 (Session Trial No.1109 of 2024), under Sections 498-A, 304-B I.P.C. and Section 3/4 D.P. Act, Police Station Kotwali, District Shahjahanpur, during the pendency of trial.

Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. There is dying declaration of the deceased person, which indicates that she had committed suicide in rage as she had sprinkled kerosene oil over her and set herself afire. The said dying declaration has been annexed as annexure no.3 to the bail application. It is true that the cause of death is septicemia due to burn injuries, but the applicant has nothing to do with the said offence.

Learned counsel for the applicant has further stated that the FIR is delayed by about twenty two hours and there is no explanation of the said delay caused. It is a clear-cut case of false implication. There is no criminal history of the applicant. The applicant is languishing in jail since 24.06.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.

Learned State Law Officer has vehemently opposed the bail application.

Considering the facts and circumstances of the case,

submissions made by learned counsel for the parties, the evidence on record, taking into consideration the dying declaration of the deceased and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed .

Let the applicant- Chandan Alias Vivek Verma , 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.

(i) The applicant shall not tamper with evidence during trial.

(ii) The applicant shall not pressurise/intimidate with the prosecution witnesses.

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

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

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.

Order Date :- 9.7.2025

(Ravi Kant)

(Justice Krishan Pahal)

Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad