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Neutral Citation No. - 2025:AHC:117124 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3164 of 2025 Applicant :- Sandeep Pal Opposite Party :- State of U.P. Counsel for Applicant :- Ali Hasan,Ram Murti Yadav Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
1. List has been revised. Supplementary affidavit filed today by the
learned counsel for the applicant is taken on record.
2. Heard Sri Ali Hasan, learned counsel for the applicant and Sri Amit Kumar, learned State Law Officer and perused the material placed on record.
3. Applicant seeks bail in Case Crime No. 122 of 2024, under Sections 498-A, 304-B of I.P.C. and Sections 3/4 of Dowry Prohibition Act, Police Station- Sadh, District - Kanpur Nagar, during the pendency of trial.
4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The informant PW-1 has supported the prosecution story during his examination-in-chief but in cross-examination, he has resiled from his earlier statements rather he has stated that there was no demand of dowry.
5. Learned counsel has also stated that the P.W.-2 has not supported the prosecution story. She has completely resiled from her earlier statement given to the I.O. and the allegations of the FIR. She has been cross-examined by the public prosecutor after declaring her hostile.
6. Learned counsel has further stated that another witness i.e. brother of the deceased person has been discharged by the public prosecutor as he has not supported the prosecution story and the said fact stands mentioned in the order-sheet of trial court dated
18.03.2025. Under such circumstance, there is no possibility of conviction in the present case.
7. Learned counsel has next stated that the trial is moving at a snail's pace as after recording the statement of P.W.- 2, no other
witness has been examined to date. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 03.06.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.
8. Per contra, learned State Law Officer has vehemently opposed the bail application but could not dispute the fact that there is no criminal history of the applicant and the witnesses have not supported the prosecution story.
9. Considering the facts and circumstances of the case,
submissions made by learned counsel for the parties, the evidence on record, and taking into consideration the settled law of the Supreme Court passed in Satender Kumar Antil vs. Central Bureau of Investigation and Ors., 2022 INSC 690 and Manish Sisodia vs. Directorate of Enforcement, 2024 INSC 595 and also the fact that the P.W.-2 has turned hostile and the informant himself has not supported the prosecution story during his cross- examination, I find it a fit case to release the applicant on bail. The bail application is allowed.
10. Let the applicant- Sandeep Pal, who is involved in aforementioned case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified. i) The applicant will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will appear before the trial court on the date fixed.
11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
12. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
Order Date:- 18.7.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad