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2025 DAILYLAW 177564 (ALL)

VIMAL SINGH YADAV v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO.

BAIL/8643/2024 · 2025-11-06

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8643 of 2024 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record. 2. The applicant seeks enlargement on bail in FIR No20 of 2022, under Sections 498A, 304B IPC and Section 3/4 of D.P. Act, Police Station Para, District Lucknow. 3. This is the second bail application. The first bail application was rejected by this Court vide order dated 23.02.202. 4. In terms of the FIR, it was alleged that on account of non-fulfillment of the demand of dowry, the deceased was done to death. The postmortem report on record indicates the presence four injury which was the cause of death. 5. While arguing the second bail application, the Counsel for the applicant and the Counsel for the informant states that all the facts witnesses have been examined and the summons have been issued under Section 319 for summoning other persons. It is also agreed that the applicant is in custody since 09.01.2022 and has no criminal antecedents. 6. The Counsel for the informant vehemently opposed the bail prayer by arguing that even as per the statement and the observations made in an Versus Counsel for Applicant(s) : Ram Naresh Yadav, Vineet Kumar Chaurasia Counsel for Opposite Party(s) : G.A., Ashwini Kumar Tripathi Vimal Singh Yadav .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. .....Opposite Party(s) order passed in favour of the co-accused, it was observed that in the state of intoxication, the applicant has committed the offence in question and had cause the head injury, which was the cause of death. 7. Learned A.G.A. vehemently opposed the bail prayer. 8. Considering the fact as noted above; the fact witnesses have been examined and in terms of the statement, prima facie, the offence was allegedly committed in the state of intoxication; the applicant has suffered pretrial detention of more than three and a half years having no criminal antecedents and is in custody since 09.01.2022, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. 9. Let the applicant Vimal Singh Yadav be released on bail in the abovesaid first information report number on his furnishing personal bonds and two reliable sureties of Rs.20,000/- each to the satisfaction of the court concerned with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (c) 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. November 6, 2025 akverma BAIL No. 8643 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench