Allahabad High Court
Raj Kumar vs State Of U.P. on 17 March, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:37096 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8845 of 2025 Applicant :- Raj Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Hari Om Rai Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
1. Sri Prabhat Kumar Singh, Advocate filed his power on behalf of the informant which is taken on record.
2. Heard Sri Hari Om Rai, learned counsel for the applicant, Sri Prabhat Kumar Singh, learned counsel for the informant and Sri Rajeev Dhar Dwivedi, learned AGA for the State-respondent
3. The instant application has been filed seeking release of the applicant on bail in Case Crime No.0036 of 2023, Under Section- 306 I.P.C. at Police Station-Dhoomanganj, District-Prayagraj, during pendency of the trial in the court below.
4. FIR of the present case was lodged on 18.01.2023, under Section- 306 I.P.C. against applicant and his family members and according to the FIR marriage of the applicant was solemnized with the sister of the informant on 08.02.2013 and after marriage applicant and his family members tortured her for demand of Rs.5,00,000/-.
5. It is further mentioned in the FIR that on 12.12.2022 when mother of the informant went matrimonial home of her daughter then she was informed that she along with her son had gone from the house on 07.11.2022 and thereafter on 12.12.2022 informant gave a missing report and thereafter it was revealed to him that on 07.11.2022 the dead bodies of his sister and her son were found on railway track.
6. It is further mentioned in the FIR that informant was having suspicion that due to the torture of applicant and his family members his sister committed suicide along with her minor son.
7. Learned counsel for the applicant submits, however applicant is husband of the deceased but on the basis of false allegation of demand of dowry and torture, he has been made accused in the present matter along with his family members.
8. He further submits that actually deceased very often used to visit her paternal home and on 06.11.2022 she had gone from her matrimonial home and when applicant subsequently came to know that she however reached at her paternal home but on 07.11.2022 she left her paternal home but did not arrive at her matrimonial home then on search it was found that she met with a train accident along with her son on 07.11.2022 and due to which both died.
9. He further submits, along with the applicant informant also came to know about the fact of train accident on 12.12.2022.
10. He further submits, as deceased and son of the applicant died in a train accident therefore, immediately no FIR was lodged but after one month on the basis of false allegation of demand of dowry and torture, FIR of the present case was lodged. He further submits there is absolutely no evidence of abetement against the applicant on record.
11. He further submits, even from the inquest report which has been annexed at page 51 of the paper book prima facie it appears that deceased and her son died due to a train accident.
12. He next submits,applicant is not having any criminal history and in the present matter he is in jail since 09.11.2024.
13. Per contra, learned A.G.A. and learned counsel for the informant opposed the prayer for bail and submitted that applicant is husband of the deceased and he along with his family members used to torture her for demand of Rs.5,00,000/- and he concealed the fact that deceased had died due to a train accident and incidentally informant side came to know that actually deceased along with her son had already died way back on 07.11.2022 therefore, it cannot be said that applicant is innocent.
14. However, both the counsel could not dispute the fact that from the inquest report it reflects deceased and son of the applicant both died in a train accident and FIR of the present case was lodged after one month even from the date of knowledge.
15. I have heard learned counsel for the parties and perused the record of the case.
16. However, applicant is husband of the deceased and as per allegation due to the torture of the applicant and his family members deceased along with her son committed suicide and as per allegation applicant and his family members concealed the death of the deceased and they did not disclose about the death of the deceased to the informant but from the inquest report it reflects, deceased and her minor son died in a train accident. Further, even the FIR of the present case was lodged after more than one month from the date of knowledge. Further, it appears except the bald and verbal allegation of abetement, there is no cogent evidence of abetement against the applicant on record.
17. Further, applicant is not having any criminal history and in the present matter he is in jail since 09.11.2024.
18. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail.
19. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.
20. Let the applicant- Raj Kumar be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.
(ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence.
(iii) The applicant shall not indulge in any criminal and anti-social activity.
21. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.
22. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.
Order Date :- 17.3.2025 Neeraj