Allahabad High Court
Shivdhani Singh vs State Of U.P. on 4 July, 2025
Author: Krishan Pahal
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:105059 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16222 of 2025 Applicant :- Shivdhani Singh Opposite Party :- State of U.P. Counsel for Applicant :- Akshay Raghuvanshi,Ritesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Supplementary affidavit filed by learned counsel for the applicant is taken on record.
3. Heard Sri Akshay Raghuvanshi, learned counsel for the applicant, Sri Shyam Singh, learned counsel for the informant as well as Sri Varun Pratap Singh, learned A.G.A. for the State and perused the material placed on record.
4. Applicant seeks bail in Case Crime No. 385 of 2024, under Sections 80(2), 85 B.N.S. and 3/4 D.P. Act, Police Station- Kotwali Chunar, District- Mirzapur, during the pendency of trial.
5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The FIR is delayed by about one day and there is no explanation of the said delay caused. The applicant is the father-in-law of the deceased person and he has nothing to do with the said offence. He lives separately to the husband and wife duo. There are general and omnibus allegations against all the accused persons.
6. It is further argued by learned counsel for the applicant that the cause of death could not be ascertained, as such, viscera was preserved and during chemical examination it has come up that viscera of the deceased contains zinc phosphide. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 17.12.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.
7. Per contra, learned counsel for the informant and learned A.G.A. have vehemently opposed the bail application.
8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration that applicant is the father-in-law of the deceased person and he lives separately to the husband and wife duo coupled with the fact that there is delay of about one day in institution of FIR, 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.
9. Let the applicant- Shivdhani 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.
(i) The applicant shall not tamper with evidence during trial.
(ii) The applicant shall not pressurize/intimidate the prosecution witnesses.
(iii) The applicant shall appear before the trial court on the date fixed.
10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
11. 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 :- 4.7.2025 Vikas (Justice Krishan Pahal)