Long Shree vs State of U.P. — Dowry and Cruelty | Allahabad HC (2025)

Long Shree vs State of U.P. — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Enlargement of applicant Long Shree on bail pending trial, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, with pre-release verification of sureties, subject to conditions (no tampering with evidence; no pressurising/intimidating prosecution witnesses; appearance on dates fixed), breach constituting ground for cancellation.

Issue for consideration

Whether applicant Long Shree, in custody since 13.01.2025 under Case Crime No. 940 of 2024 (Ss. 80(2), 85 BNS; Ss. 3/4 Dowry Prohibition Act), PS Baradari, District Bareilly, is entitled to be enlarged on bail pending trial. +1 more

Ratio / Principle

Considering the facts, counsel's submissions, evidence on record, pending trial and the cited precedents, and without expressing any opinion on merits, this Court held that the applicant has made out a case for grant of bail on the ground of parity, and allowed the bail application on that ground.

Key takeaways

The applicant is to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, with sureties to be verified before release, subject to conditions that she shall not tamper with evidence, shall not pressurize/intimidate prosecution witnesses, and shall appear before the trial court on dates fixed; breach of any condition shall constitute a ground for cancellation of bail (paras 18-21).ratio¶17
Observations made in granting bail shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.obiter¶22

Detailed headnote1 paragraphs

Bail granted on ground of parity — High Court of Judicature at Allahabad (Krishan Pahal, J., Court No. 65), September 9, 2025: Long Shree, applicant detained since 13.01.2025 in Case Crime No. 940 of 2024 (Ss. 80(2), 85 BNS; Ss. 3/4 Dowry Prohibition Act), PS Baradari, District Bareilly, with no criminal history, was enlarged on bail pending trial solely on parity with similarly placed co-accused Danne Lal, earlier enlarged on bail by this Court on 04.07.2025 in Criminal Misc. Bail Application No. 21279 of 2025; reliance placed on Nanha (1993 Crl.L.J. 938), Paras Ram Vishnoi (MANU/SCOR/22410/2021) and Satender Kumar Antil (2022 SCC OnLine SC 825); no opinion expressed on merits; release conditional on personal bond plus two sureties (to be verified) and standard conditions, breach inviting cancellation; bail-stage observations declared not to affect the trial judge's independent assessment.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 29288 of 2025

Long Shree

.....Applicant(s)

Versus
State of U.P. .....Opposite Party(s)
Counsel for Applicant(s) : Mohit Sharan Tomar
Counsel for Opposite Party(s) : G.A.

Court No. - 65

HON'BLE KRISHAN PAHAL, J.

List has been revised.

Heard Sri R.S. Tomar, Advocate holding brief of Sri Mohit Sharan Tomar, learned counsel for the applicant, Sri V.K.S. Parmar, learned A.G.A. for the State and perused the material placed on record.

Applicant seeks bail in Case Crime No. 940 of 2024, under Sections 80(2), 85 BNS and 3/4 of Dowry Prohibition Act, Police Station Baradari, District Bareilly, during the pendency of trial.

It is submitted by learned counsel for the applicant that similarly placed co-accused person Danne Lal has already been enlarged on bail by this Court vide order dated 04.07.2025 passed in Criminal Misc. Bail Application No. 21279 of 2025. There is no criminal history of the applicant. The applicant is languishing in jail since 13.01.2025. He further submitted that since the role of the applicant is identical to that of co-accused who has already been enlarged on bail, she is also entitled to be enlarged on bail on the ground of parity. In case, the applicant is released on bail, she will not misuse the liberty of bail.

The prayer for bail has been vehemently opposed by learned A.G.A. However, the aforesaid factual aspect of the parity to the co-accused has not been disputed by him.

Considering the facts and circumstances of the case, submissions made by

BAIL No. 29288 of 2025

2

learned counsel for the parties, the evidence on record, pending trial and in light of the judgement passed by this Court in Nanha S/o Nabhan Kha vs. State of U.P., 1993 Crl.L.J. 938 and the judgements passed by the Supreme Court in Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation, MANU/SCOR/22410/2021 and in Satender Kumar Antil vs. Central Bureau of Investigationa and Another, 2022 SCC OnLine SC 825 , and without expressing any opinion on the merits of the case, this Court is of the view that the applicant has made out a case for grant of bail on the ground of parity. The bail application is allowed on the ground of parity.

Let the applicant- Long Shree who is involved in aforementioned case crime be released on bail on her 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.

(i) The applicant shall not tamper with evidence during trial.

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

(iii) The applicant shall appear before the trial court on the date fixed.

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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.

(Krishan Pahal,J.)

September 9, 2025 #Vik/-

Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad