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Neutral Citation No. - 2025:AHC:110466 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2869 of 2025 Applicant :- Sudhir Opposite Party :- State of U.P. Counsel for Applicant :- Jata Shankar Pandey,Ashok Kumar Singh Bais Counsel for Opposite Party :- G.A.,Mayank Yadav,Vivek Kumar Singh Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Ashok Kumar Singh Bais, learned counsel for applicant, Sri Mayank Yadav, learned counsel for the informant, Sri Ram Mohit Yadav, learned A.G.A. for the State and perused the material placed on record.
3. The present bail application has been filed by the applicant in Case Crime No.217 of 2024, under Sections 85, 80 B.N.S. and Section 3/4 D.P. Act, Police Station Gunnaur, District Sambhal with the prayer to enlarge him on bail.
4. As per prosecution story, the marriage of the applicant was solemnized with the deceased person as per Hindu Rites about two and half years before her death. The applicant and other family members are stated to have subjected the deceased to cruelty for demand of a car as dowry, thereby leading her to death on
15.07.2024.
5. Learned counsel for the applicant has stated that the FIR is delayed and there is no explanation of the said delay caused. The son of the informant was present at the time of inquest proceedings and was panch witness no.3 to the said inquest proceedings, as such, it is a clear-cut case of false implication after legal consultation. There is no criminal history of the applicant. The applicant is in jail since 22.07.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.
6. Per contra, learned counsel for the informant and learned A.G.A.
have vehemently opposed the bail application on the ground that the deceased and the applicant used to live in one house only and the deceased had expired within the precincts of the house of the applicant only.
7. Learned A.G.A. has further stated that prior to the instant incident, the applicant had also assaulted the deceased person on 23.03.2024, as such, it is a clear-cut case of dowry death and the applicant is not entitled for bail.
8. After hearing learned counsel for the parties and taking into
consideration the fact that the deceased had expired within the precincts of the house of the applicant, I do not find it a fit case for grant of bail to the applicant.
9. The bail application is found devoid of merits and is, accordingly, rejected.
10. 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 :- 10.7.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad