Kishore Alias Bablu vs State Of U.P.

1. Heard Sri Rajiv Dwivedi, learned counsel for the applicant, Sri Bhupendra Pal Singh, learned A.G.A. for the State and perused the record.

2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 279 of 2023, under Sections- 302, 498A IPC, Police Station- Girwan, District- Banda, during the pendency of the trial.

3. Contention of learned counsel for the applicant is that the FIR was lodged by the brother of the deceased with the allegation that the applicant, being the husband of the deceased, used to harass her for non-fulfilment of demand of dowry and on 24.10.2023 at 8:30 p.m., the applicant along with other family members has murdered the deceased by strangulation. It is further submitted that as per the postmortem report of the deceased, the cause of death is not strangulation but asphyxia as a result of neck injury, and the entire hyoid bone was not fractured and only the left part of the hyoid bone was fractured. The correct fact is that while deceased was operating her mechanical atta chakki situated in house, she accidentally came into contact with the patta (belt) of the atta chakki, which resulted in her death. It is further submitted that even the brother of the first informant, in his statement recorded before the trial court, admitted this fact that the deceased could have died because of an accident in the atta chakki which was situated in her house, and he also admitted that the applicant never harassed the deceased for non-fulfilment of demand of dowry. It is further submitted that the applicant has no criminal history. It is also submitted that though the two sons of the deceased were staying in the same house, even their statements were not recorded by the police, who could have told the correct story. It is further submitted that the charge-sheet has been filed in the present case, therefore, there is no requirement of custodial interrogation. The applicant is a law-abiding citizen and he is languishing in jail since 26.10.2023. In case he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.

4. Per contra, learned A.G.A. has vehemently opposed the prayer for bail but could not dispute the aforesaid facts.

5. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of the accused and taking into account overcrowded jails and heavy pendency of criminal cases before the trial courts as well as considering the mandate of the judgement of the Apex Court in the case of Kapil Wadhawan vs Central Bureau of Investigation reported in 2025 SCC OnLine SC 3038 as well as guideline of this Court in the case of Maya Tiwari Vs. State of U.P., 2024 SCC Online All 6765 regarding grant of bail and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

6. Let the applicant- Kishore alias Bablu, involved in the aforementioned 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, with the following conditions:-

i. 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment.

iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

iv. The applicant shall attend in accordance with the conditions of the bond executed by him.

7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

9. Verification of mobile number and Aadhaar card of the applicant as well as sureties should be verified by the court concerned.

10. It is made clear that the applicant shall be released on the basis of computer generated copy of this order, downloaded from the official website of High Court Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within 15 days.

11. It is further directed that the trial court shall send the release order to the concerned jail through Bail Order Management System (BOMS) to ensure early release of the applicant.

12. Office is directed to send a copy of this order to the applicant through concerned Jail Superintendent via e-mail or e-prison portal within 24 hours in compliance of the order of the Apex Court in the case of Policy Strategy for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No.4 of 2021 decided on 31.01.2023 reported in (2024) 10 SCC 685.

(Arun Kumar Singh Deshwal,J.)

May 6, 2026

SA