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

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

What the court decided

AI extract

Outcome

Liberty to file a fresh bail application with correct facts; the fresh application shall not be treated as tied up or part heard to this Bench; Office directed to return the certified copy of the documents, if any, to the counsel for the applicant within three days after retaining the xerox copy on record.

Issue for consideration

Whether the applicant Ram Singh should be released on bail in Case Crime No. 158 of 2024 (Sections 80(2), 85 B.N.S. and Sections 3/4 Dowry Prohibition Act, P.S. Ahraura, District Mirzapur). +1 more

Court's answer

The instant bail application is rejected, with liberty to file a fresh bail application with correct facts.

Ratio / Principle

The applicant has not come with clean hands, as he suppressed and concealed the material facts about his criminal history, which is a relevant aspect for considering the bail prayer.

Key takeaways

The case has not been heard on its merits; in case a fresh bail application is filed, the same shall not be treated as tied up or part heard to this Bench.ratio¶14

Detailed headnote1 paragraphs

Allahabad High Court (Sanjay Kumar Singh, J.) rejected the bail application of Ram Singh in Case Crime No. 158 of 2024 (Sections 80(2), 85 B.N.S. and Sections 3/4 Dowry Prohibition Act, P.S. Ahraura, District Mirzapur) because the applicant had suppressed and concealed his criminal history in the affidavit supporting the bail application — apart from the present case he had one more case, Case Crime No. 110 of 2023 under Section 60 Excise Act, P.S. Chunar, District Mirzapur — and had therefore not come with clean hands, suppression of criminal history being a relevant aspect for considering the bail prayer. Liberty was granted to file a fresh bail application with correct facts; the Court clarified that the case had not been heard on merits and a fresh application would not be treated as tied up or part heard to this Bench. Office was directed to return certified copies of documents to the applicant's counsel within three days after retaining xerox copies on record.

Neutral Citation No. - 2025:AHC:32242

Court No. - 64

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5539 of 2025

Applicant :- Ram Singh Opposite Party :- State of U.P. Counsel for Applicant :- Raghavendra Pati Tripathi Counsel for Opposite Party :- G.A.

Hon'ble Sanjay Kumar Singh,J.

1-Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record.

2-The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 158 of 2024, under Sections 80(2), 85 B.N.S. and Sections 3/4 Dowry Prohibition Act, Police Station-Ahraura, District-Mirzapur.

3-At the outset, learned Additional Government Advocate pointed out that in paragraph 26 of the affidavit filed in support of bail application, the applicant has disclosed that he has no criminal history except the present case, whereas, apart from this case, applicant has criminal history of one more case, which is as under:-

"Case Crime No. 110 of 2023, under Section 60 Excise Act, Police Station Chunar, District Mirzapur."

4-On putting query, learned counsel for the applicant could not dispute the aforesaid submission of learned A.G.A. and submits that since the son of the applicant is deponent in the present case and he was not aware about the complete criminal history of the applicant, therefore, the same could not be mentioned.

5-Having heard learned counsel for the parties, I find that the applicant has not come with clean hand as he has suppressed and concealed the material facts about his criminal history, which is also one of the relevant aspect for considering the bail prayer of the

applicant.

6-Accordingly, the instant bail application is rejected with liberty to file fresh bail application with correct facts.

7-It is made clear that this case has not been heard on its merits, therefore, in case, fresh bail application is filed, the same shall not be treated as tied up or part heard to this Bench.

8-Office is directed to return the certified copy of the documents, if any, to the counsel for the applicant within three days' after retaining the xerox copy of the same on record.

Order Date :- 6.3.2025 Saurabh

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