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Neutral Citation No. - 2025:AHC:36447 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40953 of 2024 Applicant :- Ramkeval And Another Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Rejoinder affidavit filed today on behalf of the applicants is taken on record. Heard Shri Ajay Kumar Mishra learned counsel for the applicants, Sri Amit Kumar Singh, learned AGA for the State-respondents and perused the record. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicants, seeking enlargement on bail in Case Crime No. 172 of 2024 , under Sections 498-A, 323,305, 201 of the Indian Penal Code, Police Station Campierganj, District Gorakhpur. As per the prosecution story, the informant has received information that his daughter was beaten by applicants and two other accused persons, who killed her and threw her dead body under the bridge.
Learned counsel for the applicants argued that the accused- applicants are innocent. They have been falsely implicated in this very case crime number and is languishing in jail since 4.6.2024. They have no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Learned counsel for the applicant submits that the applicants are mother-in-law and father-in-law of the deceased. They have never demanded dowry because the daughter of the applicants have already married with the son of the informant and the allegation levelled against them for demand of dowry is false and fabricated. Learned counsel for the applicants submits that the deceased hanged herself which is clear from the postmortem report. Hence, bail has been prayed for.
Learned AGA has vehemently opposed the prayer for bail and submits that applicants and his son co-accused-Sailendra have also tortured the victim for non- fulfillment for demand of dowry and thereafter they killed her. But, from the perusal of the evidences, collected during investigation so far, prima facie, the involvement of the accused in the present case cannot be ruled out. No reason is found to falsely implicate the applicants/accused. Therefore, there is no good ground to release the applicants-accused on bail at this stage. All the contentions raised by the learned counsel for the applicants pertain to the merits of the case and the same cannot be considered while considering application for grant of bail. This court is unable to form an opinion at this stage that the accused has not committed an offence. In the ultimate conclusion, considering the facts and circumstances of the case, gravity of the offence, severity of punishment, in my opinion, no case for bail is made out. Accordingly, the bail application is hereby rejected. It is clarified that the observations made regarding the bail application is limited to the decision of the bail application and any observations made herein shall not effect the trial of the case.
Order Date :- 10.3.2025 Akbar Digitally signed by :- MOHAMMAD AKBAR High Court of Judicature at Allahabad