Rohan Singh vs State of U.P.

Neutral Citation No. - 2025:AHC:116017

Court No. - 65

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21050 of 2025

Applicant :- Rohan Singh Opposite Party :- State of U.P. Counsel for Applicant :- Noor Muhammad,Yogesh Kumar Srivastava 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 today by the learned counsel for the applicant is taken on record.

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Heard Sri Yogesh Kumar Srivastava, learned counsel for the applicant and Sri Mohd. Abushaad, Advocate holding brief of Sri Vipin Kumar, learned counsel for the informant as well as Sri Deepak Kumar Singh, learned A.G.A. for the State and also perused the material placed on record.

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

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Learned counsel for the applicant has argued that the applicant is the father-in-law of the deceased person and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. The cause of death of deceased has been found to be asphyxia as a result of ante-mortem hanging.

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Learned counsel has also stated that it was a matrimonial dispute between the husband and wife duo as the husband of the deceased person, who happens to be the son of the applicant, has eloped with another girl Priyanka and the FIR was instituted against all the family members which was registered as FIR No. 239 of 2022 and the closure report has been filed in it. The applicant has nothing to do with the said elopement. The person responsible for it may be the husband of the deceased person.

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Learned counsel has further stated that the co-accused Sumit Kumar, younger son of the applicant and the brother-in-law of the

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deceased person, has already been enlarged on bail by the coordinate Bench of this Court vide order dated 26.05.2025 passed in C.M.B.A. No. 17946 of 2025. There are general and omnibus allegations against all the accused persons.

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Learned counsel has next contended that criminal history of two cases assigned to the applicant stands explained in the supplementary affidavit filed today in court. The applicant is languishing in jail since 20.03.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.

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Per contra, learned AGA and learned counsel for the informant have vehemently opposed the bail application on the ground that the applicant being the father-in-law of the deceased person, is the chief architect of the crime,as such, he is not entitled for bail.

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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 and also considering the fact that the son of the applicant had eloped with another girl and there being general and omnibus allegations against the applicant coupled by the judgement of Supreme Court passed in Kahkashan Kausar @ Sonam (supra) , I find it a fit case to release the applicant on bail. The bail application is allowed .

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Let the applicant- Rohan Singh , 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:- 17.7.2025 Siddhant

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(Justice Krishan Pahal)

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

Rohan Singh v. State of U.P.

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Rohan Singh v. State of U.P.

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