Suraj Singh vs State of U.P.

Neutral Citation No. - 2025:AHC:20074

Court No. - 73

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4402 of 2025

Applicant :- Suraj Singh Opposite Party :- State of U.P. Counsel for Applicant :- Anand Pal Singh,Harish Chandra Singh 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, learned A.G.A for the State and perused the record.

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This bail application has been filed on behalf of the applicant-accused in Case Crime No. 356 of 2023, under Sections - 498-A, 304-B I.P.C. and Section - 3/4 Dowry Prohibition Act, Police Station - Sevrahi, District - Kushi Nagar, with the prayer to enlarge the applicant-accused on bail.

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It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. The applicant is brother-in-law (devar) of deceased. The marriage of deceased with brother of applicant has taken place in December, 2022. Only general allegations of dowry demand and harassment of deceased have been levelled against all the accused persons, including the applicant. No specific role has been assigned to the applicant. It was submitted that the husband of deceased was working at another place and deceased wanted to go there. She has committed suicide by consuming some insecticide due to depression. In post mortem report, no injury has been shown on the body of the deceased and the cause of death could not be ascertained, hence viscera was preserved. As per F.S.L. report, aluminium phosphide was found in viscera of deceased. Co-accused Dudhnath Singh, who is father-in-law of deceased, has already been granted bail by this Court vide order dated 08.04.2024, passed in Criminal Misc. Bail Application No. 55673 of 2023. Lastly, it was submitted that the applicant is languishing in jail since 21.11.2024, having no criminal history, and

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that in case the applicant is released on bail, he will not misuse the liberty of bail and will co-operate in trial.

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Learned A.G.A. has opposed the prayer for bail and submitted that deceased has suffered death other than under normal circumstances within a period of seven years of her marriage.

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Considering submissions of learned counsel for the parties, nature of accusations, period of detention and all attending facts and circumstances of the case, without expressing any opinion on the merits of the matter, a case for bail is made out. Hence, the bail application is allowed .

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

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

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ii. The applicant shall not pressurize/ intimidate any of the prosecution witness.

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iii. The applicant shall appear before the trial court on the date fixed, unless his personal presence is exempted.

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iv. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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

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In case of breach of any of the above conditions, the Court concerned shall be at liberty to cancel bail of applicant in accordance with law.

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Digitally signed by :- Order Date :- 11.2.2025/S Rawat SHOBHIT RAWAT High Court of Judicature at Allahabad

Suraj Singh v. State of U.P.

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Suraj Singh v. State of U.P.

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