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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 24541 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Learned counsel for the informant is not present. 2. Heard Sri V.M. Zaidi, learned Senior Advocate holding brief of Sri Shahzad Alam, learned counsel for applicant, Sri Sunil Kumar, 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.81 of 2025, under Sections 103(1) B.N.S., Police Station Loni, District Ghaziabad with the prayer to enlarge him on bail. 4. As per prosecution story, the deceased person, husband of the informant, had gone with the applicant to several places to take his money which he owned from the applicant. He travelled several places including Baraut, Delhi etc. but subsequently at about 11:30 p.m. in the night of 5/6.2.2025 the mobile number of the deceased person went off and the dead body of the husband of the informant was found in the premises of the applicant. 5. Learned Senior counsel for the applicant has stated that the FIR is delayed as it was instituted on 6.2.2025 at 02:48 hours. The applicant has nothing to do with the said offence. The dead body has been retrieved from the open space left in the house of applicant in the area of garbage dump. Somebody else has committed the said murder and thrown the dead body at that place. The postmortem report indicates that he has not Versus Counsel for Applicant(s) : M J Akhtar, Shahzad Alam, Sr. Advocate Counsel for Opposite Party(s) : G.A., Satya Prakash Singh Farooq Alias Sonu .....Applicant(s) State of U.P. .....Opposite Party(s)
been beaten up by one person. There are ten injuries sustained by the deceased person. 6. Learned Senior counsel for the applicant has further stated that the deceased person himself was a criminal as he had criminal antecedents of more than five cases and has been put to death due to the enmity of said criminal antecedent. There is no criminal history of the applicant. The applicant is in jail since 6.2.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7.
Per contra, learned counsel for the informant and learned A.G.A. have vehemently opposed the bail application on the ground that the dead body has been recovered very much from the house of the applicant, as such, the onus lies on the applicant to explain as to how the dead body was found in his house and the FIR is prompt. 8. After hearing learned counsel for the parties and taking into consideration the fact that FIR is within time and the dead body of the deceased person has been recovered from the precincts of house of the applicant, I do not find it a fit case for grant of bail to the applicant. 9. The bail application is found devoid of merits and is, accordingly, rejected. 10. 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. 11. 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 10, 2025 Vikas Verma BAIL No. 24541 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad