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Neutral Citation No. - 2025:AHC:106478 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17439 of 2023 Applicant :- Dinesh Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Ajay Kumar Srivastava, learned counsel for applicant and Sri Ram Mohit Yadav, learned A.G.A. for the State.
3. The present bail application has been filed by the applicant in Case Crime No.188 of 2022, under Sections 498-A, 304-B IPC and 3/4 D.P. Act, Police Station- Gajraula, District- Pilibhit with the prayer to enlarge him on bail.
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. It is further argued by learned counsel for the applicant that there is no criminal antecedent of the applicant. The applicant is languishing in jail since 28.5.2022 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.
5. Per contra, learned A.G.A. has vehemently opposed the bail application on the ground that the applicant is the husband of the deceased person and she has died within the precincts of house of the applicant. The trial is at its conclusive end as already seven prosecution witnesses have been examined, as such, the applicant is not entitled for bail.
6. After hearing learned counsel for the parties and taking into
consideration that applicant is the husband of the deceased person and she has died within the precincts of house of the applicant coupled with the fact that already seven witnesses have been examined and the trial is at its conclusive end, I do not find it a fit case for grant of bail to the applicant.
7. 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 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.
Order Date :- 7.7.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad