Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 190560 (ALL)

AJAY PASWAN v. STATE OF U.P.

BAIL/30598/2025 · 2025-10-12

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30598 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Randhir Jain, learned counsel for the applicant and Sri Sudhir Kumar Tripathi, learned counsel for the informant as well as Sri Deepak Kumar Singh, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 206 of 2024, under Sections 498-A, 304-B, 302, 120-B of IPC and Sections 3/4 of Dowry Prohibition Act, Police Station - Paniyara, District - Maharajganj, during the pendency of trial. 4. As per prosecution story, the marriage of the applicant was solemnized with the daughter of the informant as per Hindu Rites on 7.5.2023. The applicant and other family members are stated to have subjected her to cruelty for demand as dowry. 5. On 17.06.2024 at about 10:15 PM, the victim had made a video call to her parents when she is stated to have been thrown out of the house and narrated the entire story. Subsequently, the applicant and his family members are stated to have slit her neck and one hand through tile cutting machine and caused various cut injuries to her thereby leading her to death. 6. Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the present case. He has Versus Counsel for Applicant(s) : Randhir Jain Counsel for Opposite Party(s) : G.A., Sudhir Kumar Tripathi Ajay Paswan .....Applicant(s) State of U.P. .....Opposite Party(s) nothing to do with the said offence as alleged in the FIR. The FIR is delayed and there is no explanation of the said delay caused. 7. Learned counsel has also stated that the co-accused person Kiran has been assigned the role of teasing and tormenting the deceased person. The co-accused persons, Anamika Paswan and Kamlawati Devi, have been enlarged on bail by coordinate Bench of this Court vide orders dated 23.5.2025 and 27.6.2025, respectively. 8. Learned counsel has further stated that there is no eye-witness to the incident. The deceased has committed suicide as she was a lady of short- tempered. The cause of death of deceased has been found to be haemorrhagic shock as a result of ante-mortem injury. The applicant is languishing in jail since 18.6.2024, having no criminal history to his credit. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial. 9. Per contra, learned counsel for the informant and learned AGA have vehemently opposed the bail application on the ground that the deceased has sustained incised wound 8 cm X 3 cm X tracheal deep in front of neck, just below the thorax cartilage, as such, she has been slaughtered. The way she has been put to death cannot be caused by suicide, as such, the applicant being her husband is not entitled for bail. 10. Considering the facts and circumstances of the case, submissions advanced by learned counsel for the parties and taking into consideration the fact that the cause of death of deceased is haemorrhagic shock as a result of ante-mortem injury coupled by the fact that the deceased has expired within the precincts of the house of the applicant and that too by incised wound, I do not find it a fit case to release the applicant on bail. 11. The bail application is, accordingly, rejected. 12. 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. BAIL No. 30598 of 2025 2 13. 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. October 13, 2025 Siddhant BAIL No. 30598 of 2025 3 (Krishan Pahal,J.) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad