Sher Singh Vs State of U.P. Thru. Prin. Secy. Home Lko. — Dowry and Cruelty | Allahabad HC (2025)

Sher Singh Vs State of U.P. Thru. Prin. Secy. Home Lko. — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Bail application allowed: applicant Sher Singh to be released on bail in Case Crime No. 0749 of 2024 on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the magistrate/court concerned, subject to conditions that (i) he shall not tamper with the prosecution evidence, (ii) he shall not pressurize the prosecution witnesses, and (iii) he shall appear on each and every date fixed by the trial court unless his appearance is exempted by the learned trial court.

Issue for consideration

Whether the applicant Sher Singh should be released/enlarged on bail in Case Crime No. 0749 of 2024, Police Station PGI, District Lucknow, under Sections 80(2), 85 and 351(3) B.N.S. and Section 3/4 of the Dowry Prohibition Act.

Court's answer

In granting bail the court took into account that the F.I.R. levelled similar allegations against all accused persons, that independent witnesses did not support the F.I.R. allegations (co-accused used to live separate from the applicant), that the three other co-accused had been granted bail/anticipatory bail, that the applicant had no previous criminal history, was in custody since 07.11.2024, and that the investigation stood concluded.

Ratio / Principle

The court held the aforesaid facts sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

Key takeaways

The applicant Sher Singh was ordered released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the magistrate/court concerned.ratio¶18

Detailed headnote1 paragraphs

Bail allowed (Subhash Vidyarthi, J., order dated 23.4.2025; Neutral Citation 2025:AHC-LKO:23147; High Court of Judicature at Allahabad, Lucknow Bench, Court No. 15). Sher Singh sought bail in Case Crime No. 0749 of 2024, Police Station PGI, District Lucknow, under Sections 80(2), 85 and 351(3) B.N.S. and Section 3/4 of the Dowry Prohibition Act, based on an F.I.R. dated 06.11.2024 against the applicant, his father, mother and brother, alleging dowry harassment after the informant's daughter was married to the applicant on 26.01.2021, a warning phone call by the applicant at about 7.00 p.m. on 01.11.2024, and the daughter's death (police informed the informant at about 7.15 p.m.). Postmortem noted a ligature mark around the neck, interrupted by 5cm on the posteriolateral aspect of the left side, with death opined due to asphyxia from ante mortem hanging. Statements recorded by the Investigating Officer indicated the applicant's family members had been falsely implicated as they resided separately, so independent witnesses did not support the F.I.R.; the three co-accused had obtained regular/anticipatory bail; the applicant had no previous criminal history, was in custody since 07.11.2024, and investigation had concluded (charge sheet dated 31.01.2025). Finding these facts sufficient for enlargement on bail, the single judge allowed the application, directing release on a personal bond with two sureties, subject to conditions barring tampering with evidence and pressurising witnesses and requiring appearance on every trial-court date unless exempted.

Neutral Citation No. - 2025:AHC-LKO:23147

Court No. - 15

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2112 of 2025

Applicant :- Sher Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Ravi Shanker Tewari,Sheo Pal Singh,Vishwakant Srivastava

Counsel for Opposite Party :- G.A.,Arvind Kumar,Pramod Kumar Khare,Rachna Shukla,Ramraj

Hon'ble Subhash Vidyarthi,J.

Heard Sri Ravi Shanker Tiwari, learned counsel for the applicant, Sri Jayant Singh Tomar, learned Additional Government Advocate-I for the State, Sri Vivek, the learned counsel for the informant and perused the records.

The instant application has been filed seeking release of the applicant on bail in Case Crime No. 0749 of 2024, under Sections 80(2), 85 and 351(3) B.N.S. and Section 3/4 of Dowry Prohibition Act, registered at Police Station PGI, District Lucknow.

The aforesaid case has been registered on the basis of an F.I.R. lodged on 06.11.2024 against the applicant, his father, mother and brother stating that the informant had got his daughter married to the applicant on 26.01.2021. All the accused persons used to harass her for demanding dowry and the applicant informed the informant by making a phone call at about 7.00 p.m. on 01.11.2024 that the accused persons may commit anything with her. The police made a phone call to the informant at about 7.15 p.m. that his daughter has died.

The postmortem examination report of the dead body mentions a ligature mark around the neck which was

interrupted by 5cm on posteriolateral aspect of the left side of neck and the cause of death has been opined to be asphyxia due to ante mortem hanging.

The Investigating Officer has recorded statements of several persons who stated that the applicant's family members had been falsely implicated as they used to reside separately. They further stated that the applicant used to quarrel on petty things due to which the other family members used to stay separate from him.

In the affidavit filed in support of bail application it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. It has also been submitted on behalf of the applicant that the applicant's father has been granted regular bail and his mother and brother have been granted anticipatory bail.

The State has filed a counter affidavit annexing therewith a copy of the relevant materials collected during investigation and the copy of charge sheet dated 31.01.2025.

Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the F.I.R. levels similar allegations against all the accused persons; during investigation some witnesses have stated that the co-accused persons used to live separate from the applicant and therefore the allegations of the informant levelled in the F.I.R. have not been supported by the independent witnesses; that the three other co-accused persons have been granted bail/anticipatory bail; that the applicant has no previous criminal history and he is languishing in jail since 07.11.2024 and the investigation already stands concluded and without making any observation, which may affect the merits of the case, I am of the view that

the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

Accordingly, this bail application stands allowed .

Let the applicant-Sher Singh be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court.

(Subhash Vidyarthi, J.)

Order Date :- 23.4.2025 Ram.

Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench