Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 36533 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised. 2. Heard Sri Kamalendra Kumar Maurya, learned counsel for applicant, Sri Arun Kumar Mishra, 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.67 of 2024, under Section 302 I.P.C., Police Station Iradat Nagar, District Agra with the prayer to enlarge him on bail. 4. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case and eleven years have passed since the marriage of applicant and the deceased. They have four children out of the said wedlock. The applicant as a bona fide act had informed the police about the incident as he came from a marriage ceremony in a relation in the morning. 5. Learned counsel for the applicant has further stated that the informant was present at the time of inquest proceeding and he did not whisper a single word against the applicant. The FIR has been instituted as an afterthought. The applicant is in jail since 22.04.2024 and 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 A.G.A. has vehemently opposed the bail application Versus Counsel for Applicant(s) : Kamalendra Kumar Maurya Counsel for Opposite Party(s) : G.A. Dharm Singh .....Applicant(s) State of U.P. .....Opposite Party(s)
on the ground that the information given by the applicant to the police station itself indicates that there was some quarrel between the applicant and the deceased person. The deceased had sustained two incised wounds on her cranium, as such, the applicant is the only person who had committed the said offence. 7. After hearing learned counsel for the parties and taking into consideration the information given by the applicant regarding quarrel between him and the deceased person and the fact that there are two injuries sustained by the deceased person and she 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. The bail application is found devoid of merits and is, accordingly, rejected. 8.
However, it is directed that the aforesaid case pending before the trial court be decided expeditiously as early as possible in view of the principle as has been laid down in the recent judgments 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. 9. 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 17, 2025 (Ravi Kant) BAIL No. 36533 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad