Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:111413 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41111 of 2024 Applicant :- Arun Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Rajrshi Gupta,Rizwan Ahamad,Sr. Advocate Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Rizwan Ahmad, learned counsel for the applicant and Sri Amit Kumar, learned State Law Officer and perused the record.
3. Applicant seeks bail in Case Crime No. 711 of 2023, under Sections 498A, 304B I.P.C. and Section 3/4 of D.P. Act, Police Station Sirsaganj, District Firozabad, during the pendency of trial.
4. Learned counsel for the applicant has stated that the applicant is innocent and he has been falsely implicated in the present case. He has nothing to do with the said offence. The applicant is languishing in jail since 15.11.2023 and is cooperating in trial.
5. Per contra, learned State Law Officer has vehemently opposed the bail on the ground that the FIR is prompt as it was instituted within eight hours of the offence and the cause of death has been found to be asphyxia as a result of ante mortem hanging. The deceased had died within the precincts of the house of the applicant. It is next stated that there is already case under section 498A IPC going on between the parties, as such the applicant is not entitled for bail.
6. After hearing learned counsel for the parties and taking into
consideration the fact that the deceased had died within the precincts of the house of the applicant coupled by the fact that the FIR is prompt, I do not find it a fit case for grant of bail to the applicant.
7. The bail application is found devoid of merits and is, accordingly, rejected.
8. However, it is directed that the aforesaid case pending before the trial court be decided expeditiously, in view of the principle laid down in the recent judgements of the Supreme Court in the cases of Vinod Kumar vs. State of Punjab 2015 (3) SCC 220 and Hussain and Another vs. Union of India (2017) 5 SCC 702, if there is no legal impediment.
9. 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 :- 11.7.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad