Allahabad High Court
SHIVSHANKAR SAHANIversusSTATE OF U.P.
- Decided
Holding
The applicant is entitled to be released on bail.
Summary
Shivshankar Sahani was arrested in connection with a case alleging that he abused and maltreated his wife and three children, leading them to ingest organophosphorous poison, resulting in the death of two children. The primary informant turned hostile before trial, and the applicant has no prior criminal record, having been in custody since 25 July 2025. The applicant sought bail, contending false implication and lack of evidence, while the State opposed bail citing the grave nature of the alleged offences. The Court, invoking the Supreme Court’s guidelines in Kapil Wadhawan v. CBI, Maya Tiwari v. State of U.P., and the policy on bail, held that the circumstances—hostile witness, absence of corroborative proof, and jail overcrowding—warranted the grant of bail without expressing a view on the merits. Accordingly, the bail application was allowed, subject to a personal bond, sureties and strict conditions aimed at preventing tampering with evidence or further criminal conduct.
Issues considered
- The applicant's entitlement to bail despite the serious nature of the alleged offences involving alleged poisoning and deaths.
- Whether the turning hostile of the primary informant affects the bail decision.
- The impact of the applicant's clean criminal record and jail overcrowding on the bail determination.
- The applicability of Supreme Court precedents on bail to the present case.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 107, 108
Subjects
- bail
- hostile witness
- organophosphorous poisoning
- criminal trial
- jail overcrowding
- Supreme Court precedent
- Criminal Procedure Code
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 35905 of 2025
Shivshankar Sahani
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Sandeep Kumar Chaturvedi
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Sandeep Kumar Chaturvedi, learned counsel for the applicant
and Sri B.P. Singh, learned A.G.A. for the State and perused the record.
Counter affidavit filed by the State is taken on record.
2. The instant bail application has been filed with a prayer to release the
applicant on bail in Case Crime No. 184 of 2025, under Sections 107, 108
BNS, Police Station Kolhui, District Maharajganj, during the pendency of
the trial.
3. It is contended by the learned counsel for the applicant that the
applicant has been falsely implicated in the present case. It is further
submitted that the first informant/victim has turned hostile before the trial
Court and she has not supported the allegations of FIR. It is further
submitted that there is no evidence of abetment of committing suicide
during entire evidence. It is also submitted that the applicant has been
languishing in jail since 25.7.2025 and he is having no criminal history. It
is lastly submitted that in case the applicant 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, however, it is submitted that as
per the FIR the applicant is said to have abused, assaulted and maltreated
his wife and his three children as a result of which his wife and three
children consumed poisonous substance and two of the children died. It is
further submitted that in the viscera report of the deceased,
BAIL No. 35905 of 2025
2
organophosphorous poisonous substance has been found.
5. As per the allegation in the FIR, the applicant is said to have abused,
assaulted and maltreated his wife and his three children as a result of
which his wife and three children consumed poisonous substance and two
of the children died, however, the first informant/victim has turned hostile
before the trial Court and she has not supported the allegations of FIR. In
the viscera report, organophosphorous poisonous substance has been
found. The applicant has been languishing in jail since 25.7.2025 and he
is having no criminal history.
6. 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. 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.
7. Accordingly, the present application is ALLOWED.
8. Let the applicant- Shivshankar Sahani 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.
BAIL No. 35905 of 2025
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(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.
9. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
10. Identity, status and residence proof of the applicant and sureties be
verified by the court concerned before the bonds are accepted.
Verification of mobile number and Aadhaar card of the applicant as well
as sureties should be verified by the court concerned.
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.
13. However, the learned trial Court is directed to expedite the trial of the
case as expeditiously as possible, preferably within a period of one year.
(Jitendra Kumar Sinha,J.)
September 9, 2026
Abhishek
Digitally signed by :-
ABHISHEK AGRAHARI
High Court of Judicature at Allahabad
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