Akash Singh and Another v. State of U.P

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33092 of 2026 Court No. - 66 HON'BLE ARUN KUMAR SINGH DESHWAL, J.

¶1Heard Sri Om Narayan Pandey, learned counsel for the applicants, Sri Suresh Dhar Dwivedi, learned counsel for the first informant, Sri Rakesh Kumar Mishra, learned A.G.A. for the State and perused the record.

¶2Instant bail application has been filed with a prayer to release the applicants on bail during the trial in Case Crime No.30 of 2026, under Sections 80(2), 85 of BNS and 3/4 D.P. Act, Police Station-Jaitipur, District-Shahjahanpur.

¶3Contention of learned counsel for the applicants is that the applicant no.1 is married Devar (brother-in-law) and applicant no.2 is father-in-law of the deceased, who committed suicide by hanging herself after a petty dispute over household issues. The applicants have been falsely implicated merely being Devar (brother-in-law) and father-in-law of the deceased, though there is no sufficient material against them to show that they harassed the deceased for non-fulfillment of demand of dowry prior to death. The applicants have been falsely implicated by making general and vague allegations along with other family members. It is further submitted that for invoking presumption of dowry death in case of death under unnatural circumstances within 7 years of marriage, there must be sufficient material to show that the deceased was subjected to cruelty soon before the death, but there is no such material. It is lastly submitted that charge sheet has been filed by the police, therefore, there is no requirement for custodial interrogation. The applicant no.1 has one case criminal history, which is explained in the accompanying affidavit, while applicant no.2 has no criminal history and they are languishing in jail since 05.04.2026. In case, Versus Counsel for Applicant(s) : Om Narayan Pandey Counsel for Opposite Party(s) : Suresh Dhar Dwivedi, G.A. Akash Singh And Another .....Applicant(s) State of U.P. .....Opposite Party(s) they are granted bail, they will not misuse the liberty of bail and would cooperate in the trial proceedings.

¶4Per contra, learned A.G.A. for the State opposed the prayer for bail but could not dispute the aforesaid fact.

¶5Considering 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 accused (brother-in-law and father-in-law) 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. reported in 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. Accordingly, the present application is allowed.

¶6Let the applicants-Akash Singh and Surajpal Singh involved in the aforementioned crime be released on bail, on their 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 applicants 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 applicants shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicants shall attend in accordance with the conditions of the bond executed by them.

¶7In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. BAIL No. 33092 of 2026

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

¶9Verification of mobile number as well as Aadhaar Card of the applicants and sureties should also be conducted by the court concerned.

¶10It is made clear that the applicants shall be released on the basis of downloaded copy of this order 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.

¶11It is 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 applicants.

¶12Office is directed to send a copy of this order to the applicant through Shahjahanpur Jail Superintendent via e-mail or e-prison portal and Trial Court via e-mode within 24 hours in compliance of the orders 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 as well as in the case of Pila Pahan @ Peela Pahan and others vs State of Jharkhand and another, in Writ Petition (Criminal) No.169 of 2025 decided on 29.05.2026.

¶13Application, if any, stands disposed of. October 1, 2026 A.Kr. BAIL No. 33092 of 2026 (Arun Kumar Singh Deshwal,J.) High Court of Judicature at Allahabad