Sachin vs State of U.P.

Neutral Citation No. - 2025:AHC:35032

Court No. - 73

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2761 of 2025

Applicant :- Sachin Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Raj Beer Singh,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material brought on record.

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The present second bail application has been filed on behalf of the applicant in Case Crime No.518 of 2023, under Sections-498A, 304B I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station-Chhatari, District Bulandshahar with the prayer to enlarge the applicant on bail. The first bail application of applicant was rejected by this Court vide order dated 09.07.2024.

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It has been argued by learned counsel for applicant that applicant is innocent and he has been falsely implicated. Applicant is husband of deceased. The marriage of deceased with applicant has taken place about ten months prior to the incident. It was submitted that the allegations of dowry demand and harassment of deceased levelled against applicant are wholly false. Only general allegations of dowry demand and harassment of deceased have been levelled against all the accused persons, including applicant. In postmortem report, no injury has been shown on body of deceased and cause of death could not be ascertained hence, viscera was preserved.

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It has been further submitted that first bail application of

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applicant was rejected vide order dated 09.07.2024 and after that all the material witnesses have been examined before the trial Court and they have not supported the prosecution version and turned hostile. Learned counsel has referred the statements of PW1 Jai Pal Singh and PW2 Urmila, who are father and mother of the deceased, PW3 Krishna, who is brother of the deceased, and pointed out that they have denied the prosecution version regarding dowry demand and harassment of deceased. It was submitted that that deceased wanted to live with her husband in Delhi and she has committed suicide in depression due to that reason. Lastly, it was stated that applicant is languishing in jail since 30.01.202, having no criminal history, and that in case applicant is enlarged on bail, the applicant will not misuse the liberty of bail.

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Learned A.G.A. has opposed the prayer for bail.

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Considering the submissions of learned counsel for the parties, nature of accusation and the fact that material witnesses have not supported the prosecution version and turned hostile, without expressing any opinion on the merits, a case for bail is made out. Hence, the present second bail application is hereby allowed.

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Let the applicant- Sachin involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:

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i. The applicant will not tamper with the evidence during trial.

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ii. The applicant will not pressurize/intimidate the prosecution witnesses.

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iii. The applicant will appear before the trial court on the date

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fixed, unless personal presence is exempted.

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iv. The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.

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