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2025 DAILYLAW 22631 (ALL)

RAVI NARAYAN @ RAJOL v. STATE OF U.P.

BAIL/6660/2025 · 2025-07-17

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:117003 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6660 of 2025 Applicant :- Ravi Narayan @ Rajol Opposite Party :- State of U.P. Counsel for Applicant :- Ajeet Srivastava,Kumar Vikrant,Vinay Srivastava Counsel for Opposite Party :- G.A.,Manvendra Singh Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Harsh Kumar Srivastava, learned counsel for the applicant and Sri Manvendra Singh, learned counsel for the informant as well as Sri Sunil Kumar, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 144 of 2024, under Sections 80(2), 85, 123 of BNS and Sections 3/4 of Dowry Prohibition Act, Police Station - Asothar, District - Fatehpur, during the pendency of trial. 4. As per prosecution story, the marriage of the applicant was solemnized with the sister of the informant as per Hindu Rites on 23.11.2023. The applicant and other family members are stated to have subjected her to cruelty for a demand of Rs. One Lakh along with a motorcycle and a gold chain as dowry thereby leading her to death on 08.08.2024. 5. Learned counsel for the applicant has argued that the applicant is husband of the deceased person and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. The FIR is delayed by about two days and there is no explanation of the said delay caused. The FIR has been lodged as an afterthought and after legal consultations. 6. Learned counsel has also stated that the informant and other family members of the deceased person were present at the time of inquest proceedings as the informant herself has been arrayed as panch witness no. 3 in it and she has not whispered a single word against the applicant and his family members regarding any demand of dowry at that time, as such, it is a clear cut case of false implication. 7. Learned counsel has further stated that the cause of death of deceased could not be ascertained, as such, her viscera was preserved. As per her viscera report, aluminum phosphide has been found in it. It is also stated that there was no visible injury on the body of the deceased person. 8. Learned counsel has placed much reliance upon the G.D. No. 69 dated 08.08.2024 entered at 11:30 PM whereby it is mentioned by the informant that his sister (now deceased) had consumed poisonous material but it is nowhere mentioned that whether the applicant or any other person had forcibly administered the said poison to her. 9. Learned counsel has lastly contended that the applicant is languishing in jail since 12.08.2024, 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. 10. Per contra, learned AGA and learned counsel for the informant have vehemently opposed the bail application on the ground that there was a discord between the parties earlier on and the matter was settled between them. The said settlement has been filed as Annexure-8 to the affidavit, as such, it is a clear cut case of dowry death. 11. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and also considering the fact that there was a matrimonial dispute between the parties earlier on also which was settled with the intervention of the family members of the parties and the deceased having expired due to consumption of poisonous material that too within the precincts of the house of the applicant, I do not find it a fit case to release the applicant on bail. 12. The bail application is, accordingly, rejected. 13. 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. 14. 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:- 18.7.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad