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2025 DAILYLAW 44051 (ALL)

PRADOSH PATEL v. STATE OF U.P.

BAIL/13250/2025 · 2025-05-13

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:79460 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13250 of 2025 Applicant :- Pradosh Patel Opposite Party :- State of U.P. Counsel for Applicant :- Arti Agrawal,Jagdish Singh Bundela Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Ms. Arti Agrawal, learned counsel for the applicant and Sri B.P. Srivastava, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 533 of 2024, under Sections 103(1) B.N.S., Police Station Karwi Kotwali Nagar, District Chitrakoot during pendency of the trial. 3. Learned counsel for the applicant submits, however, applicant is husband of the deceased and as per allegation he committed the murder of his wife but entire allegation leveled against the applicant is totally false. 4. She further submits, actually applicant run a shop and he remains in shop since 10.00 AM to 10.00 PM and on the date of incident when he returned to his home then found, his wife was lying dead and immediately he informed the informant and however after receiving information informant came but on the basis of false allegation he lodged FIR of the present case. She further submits, there was absolutely no occasion for the applicant to commit the murder of his wife. 5. She further submits, applicant is not having any criminal history and in the present matter he is in jail since 18.08.2024. 6. Per contra, learned AGA opposed the prayer for bail and submitted that applicant is husband of the deceased and his wife was murdered in her matrimonial home and applicant failed to explain the homicidal death of his wife, therefore, considering the facts of the case applicant should no be released on bail. 7. I have heard learned counsel for the parties and perused the record of the case. 8. As per allegation, applicant, who is husband of the deceased, committed the murder of his wife and post mortem report also corroborates the allegations that wife of the applicant has been murdered. 9. Further, however, as per learned counsel for the applicant at the time of incident, applicant was not present at his home and he was in his shop and when he returned to his home at 10.00 PM then he found that his wife has been murdered but it reflects, even after this applicant did not inform the police and considering this fact, the defence taken by the applicant in the instant bail application appears to be unconvincing. 10. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is not entitled to be released on bail. 11. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is rejected. 12. 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 :- 14.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad