Allowed

Bhuri Singh v. State of U.P.

Allahabad HC22 Aug 2025BAIL/29049/2025

Case brief

AI extract

What is this about?

Regular bail sought by the deceased's father-in-law in a dowry-death case under BNS and Dowry Prohibition Act provisions. Relying on Kahkashan Kausar against roping in distant relatives on omnibus allegations, and noting the informant was present at the inquest, bail was granted.

What did the court decide?

Applicant Bhuri Singh released on bail on furnishing personal bond and two sureties, with conditions against tampering with evidence and pressurising witnesses.

Bhuri Singh Vs State of U.P. — Dowry and Cruelty | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:145876

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Court No. - 65

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29049 of 2025

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Applicant :- Bhuri Singh Opposite Party :- State of U.P. Counsel for Applicant :- Brijesh 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.

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Heard Sri Brijesh Kumar Srivastava, learned counsel for the applicant, Sri Sunil Kumar, 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.254 of 2025, under Sections 80(2), 85, 115(2) B.N.S. and 3/4 D.P. Act, Police Station Jagdishpura, District Agra, during the pendency of trial.

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Learned counsel for the applicant has stated that the applicant is the father-in-law of the deceased and has been falsely implicated in the present case. He has nothing to do with the said offence. The FIR is delayed and there is no explanation of the said delay caused. There are general and omnibus allegations against all the accused persons including the applicant. The inquest report was prepared before the FIR and the informant was present there.

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Learned counsel for the applicant has further stated that the cause of death was asphyxia as a result of ante-mortem hanging. There is no criminal history of the applicant. The applicant is languishing in jail since 13.06.2025 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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Learned A.G.A. has vehemently opposed the bail application.

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The Supreme Court in the judgment of Kahkashan Kausar @ Sonam vs. The State of Bihar, (2022) 6 SCC 599 has categorically opined that the Courts should be careful in proceeding against the distant relatives in crimes pertaining to matrimonial disputes and

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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 the fact that the applicant is the father-in-law of the deceased person and the informant was present at the time of inquest proceedings, 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- Bhuri 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 shall not tamper with evidence during trial.

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(ii) The applicant shall not pressurise/intimidate with the prosecution witnesses.

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(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 :- 23.8.2025 (Ravi Kant)

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(Justice Krishan Pahal)

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Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad

Bhuri Singh v. State of U.P.

Case brief

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Bhuri Singh v. State of U.P.

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