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2025 DAILYLAW 35977 (ALL)

KHARPAT KUMAR v. STATE OF U.P.

BAIL/30916/2023 · 2025-07-16

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:115969 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30916 of 2023 Applicant :- Kharpat Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Kamlesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Kamlesh Kumar Singh, learned counsel for the applicant and Sri Anit Kumar Shukla, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 07 of 2023, under Sections 201, 498-A & 304-B of IPC and Sections 3/4 of Dowry Prohibition Act, Police Station - Baburi, District - Chandauli, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. 5. Learned counsel has also stated that the FIR is delayed by more than four months and there is no explanation of the said delay caused. The dead body of the deceased was cremated earlier on, as such, the FIR has been lodged as an afterthought and after legal consultations. 6. Learned counsel has next contended that the applicant is languishing in jail since 13.05.2023, 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. 7. Per contra, learned AGA has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and also considering the inordinate delay in lodging the FIR and there being general and omnibus allegations against the applicant, I find it a fit case to release the applicant on bail. The bail application is allowed. 9. Let the applicant- Kharpat Kumar, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. i) The applicant will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will appear before the trial court on the date fixed. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date:- 17.7.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad