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2025 DAILYLAW 45341 (ALL)

RAMVIR v. STATE OF U.P.

BAIL/14788/2025 · 2025-05-18

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:83394 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14788 of 2025 Applicant :- Ramvir Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Manoj Singh, learned counsel for the applicant and Sri Sunil Kumar, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 477 of 2024, under Sections 80(2), 85, 115(2), 352, 351(2) of BNS and Sections 3/4 of D.P. Act, Police Station Gonda, District Aligarh, during the pendency of trial. 4. As per prosecution story, marriage of the daughter of the informant was solemnized with son of the applicant as per Hindu rites on 13.06.2022. The applicant and other family members are stated to have subjected her to cruelty for demand of a car as dowry, as such led her to death on 15.11.2024. There are allegations that son of the applicant and other family members had assaulted the victim and even kicked her who was pregnant. 5. 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 as alleged in the FIR. It is true that the cause of death could not be ascertained and the viscera was preserved. As per viscera report, aluminum phosphide has been found in it. The victim has given the statement before the doctor and the said statement tantamounts to dying declaration. The said statement indicates that she had consumed the said poison by mistake and she was not administered the said poison by any person. 6. The inquest proceedings were undertaken well before the FIR. The FIR was instituted on 16.11.2024 at about 7:13 p.m. while the inquest proceedings were complete by 12:30 p.m. the same day and the informant herein is the inquest witness no.1-Jawahar Singh and he has not whispered a single word against the applicant or any other person in it, as such it is clear cut case of false implication. 7. There is no criminal history of the applicant. The applicant is languishing in jail since 27.02.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. 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. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, I find it a fit case to release the applicant on bail. The bail application is allowed. 10. Let the applicant- Ramvir, 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 shall not tamper with the evidence during trial. ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. iii) The applicant shall appear before the trial court on the date fixed. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. 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 :- 19.5.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad