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2025 DAILYLAW 19081 (ALL)

GAURAV v. STATE OF U.P.

BAIL/5040/2025 · 2025-07-09

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:110593 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5040 of 2025 Applicant :- Gaurav Opposite Party :- State of U.P. Counsel for Applicant :- Amit Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Amit Kumar Srivastava, learned counsel for the applicant, Sri Ram Mohit Yadav, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 292 of 2024, under Sections 80(2), 85 B.N.S. and 3/4 D.P. Act, Police Station- Sirauli, District- Bareilly, 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. He has nothing to do with the said offence. The FIR is delayed by about twelve hours and there is no explanation of the said delay caused. 5. Learned counsel for the applicant has further stated the allegations are per se false. The cause of death has been found to be asphyxia as a result of antemortem hanging. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 13.9.2024 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 A.G.A. has vehemently opposed the bail application. 7. After hearing learned counsel for the parties and taking into consideration that the deceased had expired within the precincts of house of the applicant coupled with the fact that the FIR has been instituted promptly, I do not find it a fit case for grant of bail to the applicant. 8. The bail application is found devoid of merits and is, accordingly, rejected. 9. However, it is directed that the aforesaid case pending before the trial court be decided expeditiously 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. 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 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad