Shiv Singh Vs State of U.P.

Neutral Citation No. - 2025:AHC:33117

Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2627 of 2025

Applicant :- Shiv Singh Opposite Party :- State of U.P. Counsel for Applicant :- Digvijay Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Digvijay Tiwari, learned counsel for the applicant and Sri Jhamman Ram, learned AGA, for the State.

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The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.249 of 2023, under Sections 306 I.P.C. Police Station Kalyanpur, District Kanpur Nagar during pendency of the trial.

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F.I.R. of the present case was lodged on 18.06.2023 through an application under Section 156(3) Cr.P.C. moved in the month of August, 2022. As per the F.I.R., marriage of the applicant was solemnized with the sister of the informant, namely, Rubi Maurya, but, he developed illicit relationship with her elder sister Soni @ Rekha and she also became pregnant with the applicant and thereafter on 22.05.2022 she committed suicide.

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Learned counsel for the applicant submits that applicant is brother-in-law of the deceased and on the basis of false allegation, he has been made accused in the present matter. It is further submitted that deceased died on 22.05.2022, but, F.I.R. of the present case was lodged on 18.06.2023 i.e. after more than a year. It is further submitted that, however, F.I.R. was lodged through an application under Section 156(3) Cr.P.C., but even the application

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under Section 156(3) Cr.P.C. was moved in the month of August, 2022 i.e. after three months and, therefore, there is inordinate delay in lodging the F.I.R. of the present case and it shows that F.I.R. is based on false and frivolous facts.

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He further submits, however, entire allegations made against the applicant are totally false, but, even if allegations are accepted, then also it cannot be said that due to the abatement of the applicant deceased committed suicide.

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He next submits that there is no cogent evidence of abatement against the applicant. It is further submitted that applicant is having criminal history of one case which has been explained in the bail application and in the present matter he is in jail since 01.10.2024 i.e. for last more than 5 months.

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Per contra, learned AGA opposed the prayer for bail, but, could not dispute the arguments on facts advanced by learned counsel for the applicant.

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I have heard learned counsel for the parties and perused the record of the case.

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However, as per allegation, applicant is the Behnoi of the deceased and he developed illicit relationship with her due to which she conceived pregnancy and, therefore, she committed suicide, but it reflects that F.I.R. for the present case was lodged after more than a year through an application under Section 156(3) Cr.P.C. and even application under Section 156(3) Cr.P.C. was moved after three months, therefore, there is inordinate delay in lodging the F.I.R.

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Further, considering the nature of allegation levelled against the applicant, the arguments of learned counsel for the applicant

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that even if the allegations are accepted, then also, it cannot be said that due to abatement of the applicant deceased committed suicide, cannot be ruled out.

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Further, however apart from the present case it appears that applicant is also having criminal history of one another case but his criminal history has been explained in the bail application.

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Further, in the present matter the applicant is in jail since 01.10.2024.

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Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed .

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Let the applicant- Shiv 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 the court concerned with the following conditions:-

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(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence.

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(iii) The applicant shall not indulge in any criminal and anti-social activity.

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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this

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Court for cancellation of the bail of the applicant.

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It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.

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Order Date :- 6.3.2025 Karan

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Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad

Shiv Singh v. State of U.P.

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