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Neutral Citation No. - 2025:AHC:105474 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19096 of 2025 Applicant :- Vivek Opposite Party :- State of U.P. Counsel for Applicant :- Pramod Kumar Pandey Counsel for Opposite Party :- G.A.,Satya Prakash Singh Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Pramod Kumar Pandey, learned counsel for applicant, Sri Sujeet Kumar Yadav, Advocate holding brief of Sri Satya Prakash Singh, learned counsel for the informant, 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.101 of 2025, under Sections 85, 351(3), 80(2) B.N.S. and Section 3/4 D.P. Act, Police Station Chandpur, District Bijnor with the prayer to enlarge him on bail.
4. As per prosecution story, the marriage of the applicant was solemnized with the deceased person as per Hindu Rites about two years before her death. The applicant and other family members are stated to have subjected the deceased to cruelty for demand of Rs.1 lakh and a bullet motorcycle as dowry, thereby leading her to death on 19.02.2025 at about 4:00 a.m.
5. Learned counsel for the applicant has stated that the FIR is delayed by about eight hours and there is no explanation of the said delay caused. The deceased was ill and as such has committed suicide. She was living in her in-laws house for about eleven months and had not gone to her parental house, as such, the applicant has been falsely implicated in the present case. There is no criminal history of the applicant. The applicant is in jail since 20.02.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.
6. Per contra, learned counsel for the informant and learned A.G.A. have vehemently opposed the bail application on the ground that
the FIR is prompt and cause of death is asphyxia as a result of ante-mortem injury. The deceased has expired within the precincts of the house of the applicant, as such, he is not entitled for bail.
7. After hearing learned counsel for the parties and taking into
consideration the facts that the FIR was promptly instituted and the deceased has expired within the precincts of the house of the applicant, 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. 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 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad