Ashok Kumar Alias Devi Singh vs State of U.P. — Dowry and Cruelty | Allahabad HC (2025)

Ashok Kumar Alias Devi Singh vs State of U.P. — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Bail granted to applicant Ashok Kumar Alias Devi Singh on the ground of parity; release on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions (no tampering with evidence; no pressurising/intimidating prosecution witnesses; appearance before the trial court on dates fixed); breach to be a ground for cancellation of bail.

Issue for consideration

Whether the applicant, arraigned in Case Crime No. 165 of 2024 under Sections 498A, 304B IPC and Section 3/4 of the D.P. Act, is entitled to be released on bail during the pendency of trial on the ground of parity with co-accused Smt. Neelam, who has already been enlarged on bail.

Court's answer

Without expressing any opinion on the merits, and in the light of Nanha S/o Nabhan Kha vs. State of U.P. (1993 Crl.L.J. 938), Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation (MANU/SCOR/22410/2021) and Satender Kumar Antil vs. Central Bureau of Investigation and another ((2022) 10 SCC 51), the applicant is entitled to be released on bail; the bail application is allowed on the ground of parity.

Ratio / Principle

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, subject to conditions: (i) not to tamper with evidence during trial; (ii) not to pressurise/intimidate prosecution witnesses; (iii) to appear before the trial court on dates fixed; breach of any condition shall be a ground for cancellation of bail.

Key takeaways

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.obiter¶17

Detailed headnote1 paragraphs

Allahabad High Court (Krishan Pahal, J.), CRIMINAL MISC. BAIL APPLICATION No. 8461 of 2025, decided 22.7.2025 - Bail granted on parity. Applicant Ashok Kumar Alias Devi Singh, accused in Case Crime No. 165 of 2024, Police Station Tajganj, District Agra, under Sections 498A, 304B IPC and Section 3/4 of the D.P. Act, sought bail during the pendency of trial. He was in custody since 17.01.2025 with no criminal history; similarly placed co-accused Smt. Neelam had already been enlarged on bail by another Bench of the Court vide order dated 28.05.2024 in Criminal Misc. Bail Application No. 18485 of 2024, and these factual aspects were not disputed by the State. Without expressing any opinion on the merits, and in the light of Nanha S/o Nabhan Kha vs. State of U.P., 1993 Crl.L.J. 938, Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation, MANU/SCOR/22410/2021, and Satender Kumar Antil vs. Central Bureau of Investigation and another, (2022) 10 SCC 51, the Court allowed the bail application on the ground of parity, directing release on a personal bond and two sureties each in the like amount, subject to conditions (no tampering with evidence; no pressurising/intimidating prosecution witnesses; appearance before the trial court on fixed dates), breach being a ground for cancellation; observations made were clarified not to affect the trial Judge's independent opinion.

Neutral Citation No. - 2025:AHC:119177

Court No. - 65

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8461 of 2025

Applicant :- Ashok Kumar Alias Devi Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Counsel for Opposite Party :- G.A.

Hon'ble Krishan Pahal,J.

List has been revised.

Heard Sri Ajay Kumar, learned counsel for the applicant and Sri Pranshu Kumar, learned A.G.A. for the State and perused the record.

Applicant seeks bail in Case Crime No. 165 of 2024, under Sections 498A, 304B IPC and Section 3/4 of D.P. Act, Police Station Tajganj, District Agra, during the pendency of trial.

It is submitted by learned counsel for the applicant that similarly placed co-accused person, Smt. Neelam has already been enlarged on bail by another Bench of this Court vide order dated 28.05.2024 passed in Criminal Misc. Bail Application No. 18485 of 2024. It is further submitted that since the case of the applicant is at par to the co-accused, who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. The applicant is languishing in jail since 17.01.2025, having no criminal history. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial.

The prayer for bail has been vehemently opposed by learned A.G.A. However, the aforesaid factual aspects of parity to the coaccused and of no criminal history of the applicant, have not been disputed by him.

Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, evidence on record, pending trial and in the 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 judgement passed by the Supreme Court in Paras Ram Vishnoi vs. The Director, Central Bureau of

Investigation, MANU/SCOR/22410/2021 coupled with the judgement of Supreme Court passed in Satender Kumar Antil vs. Central Bureau of Investigation and another reported in (2022) 10 SCC 51 , without expressing any opinion on the merits of the case, the Court is of the view that the applicant is entitled to be released on bail in this case. The bail application is allowed on the ground of parity.

Let the applicant- Ashok Kumar Alias Devi 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.

i) The applicant shall not tamper with the evidence during trial. ii) The applicant shall not pressurise/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.

Order Date :- 22.7.2025 Sumit S

(Justice Krishan Pahal)

Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad