Kunwarpal Vs State of U.P.

Neutral Citation No. - 2025:AHC:108901

Court No. - 65

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20178 of 2025 Applicant :- Kunwarpal Opposite Party :- State of U.P. Counsel for Applicant :- Pushpendra Singh,Rukmani Ojha Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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List has been revised. Supplementary affidavit filed by learned counsel for the applicant is taken on record.

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Heard Sri Pushpendra Singh, learned counsel for the applicant, Sri Shyam Dhar Maurya, learned A.G.A. for the State and perused the material placed on record.

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Applicant seeks bail in Case Crime No.547 of 2024, under Sections 80(2), 85, 115(2), 352, 351(2) B.N.S. and 3/4 D.P. Act, Police Station- Jahangirabad, District- Bulandshahr, during the pendency of trial.

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As per prosecution story, the marriage of the son of the applicant was solemnized with the sister of the informant as per Hindu Rites on 20.4.2024, and subsequent to it, the applicant and other family members are stated to have subjected her to cruelty for demand of a car and Rs.8 lakh as dowry, thereby leading her to death on 7.12.2024. There are other allegations against the husband of the deceased person who is stated to have established illicit relationship with his sister-in-law.

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Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The FIR is delayed by about two days and there is no explanation of the said delay caused. The applicant is the father-inlaw of the deceased person and he has nothing to do with the said offence. There are general and omnibus allegations against the applicant.

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It is further argued by learned counsel for the applicant that there are particular allegations against the husband only but that too cannot be taken into consideration. Even the cause of death could not be ascertained, as such, viscera of the deceased was preserved and the FSL report is yet to arrive. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 10.12.2024 and he is ready to cooperate with trial. In case,

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the applicant is released on bail, he will not misuse the liberty of bail.

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Learned State Law Officer has vehemently opposed the bail application on the ground that husband of the deceased person had sent a message to the informant stating that if he did not provide Rs.8 lakh, he shall put his sister to death.

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The Supreme Court in 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, the evidence on record, taking into consideration that applicant is the father-inlaw of the deceased person and there being general allegations against him and other accused persons coupled with the fact that there is a delay of two days in institution of FIR, 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 .

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Let the applicant- Kunwarpal , 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 shall not tamper with evidence during trial.

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(ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall 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 :- 9.7.2025/ Vikas

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(Justice Krishan Pahal)

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Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad

Kunwarpal v. State of U.P.

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