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Neutral Citation No. - 2025:AHC:138180 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14274 of 2025 Applicant :- Aman Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Anuj Kumar Gupta Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. Heard learned counsel for the applicant and learned Additional Government Advocate representing the State. The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 82 of 2025, under Sections 85, 115(2), 109(1) of B.N.S., 2023 and Section 3/4 of Dowry Prohibition Act, Police Station-Gunnaur, District-Sambhal, during the pendency of trial. It is argued by learned counsel for the applicant that the applicant is husband of the injured victim, who has been falsely implication in this case. In fact, victim herself was not inclined to live with the applicant in her matrimonial home, therefore, she has made false allegation of making demand of dowry after two years of marriage. For last one year victim was living in her parental home and after great efforts she was brought by the applicant to her matrimonial home twelve days before the incident. So far as injuries of the victim are concerned, it is submitted that she with a view to implicate the applicant herself inflicted injuries which are in the nature contusion swelling and abrasion. Referring the injuries of the victim, it is submitted that said injuries are simple in nature. The applicant have no criminal antecedents. Lastly, it is submitted by learned counsel for the applicant that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 23.03.2025 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case. Per contra, learned Additional Government Advocate for the State opposed the prayer for bail of the applicant but could not dispute the above factual aspect of the matter as argued on behalf of the applicant.
Having heard learned counsel for the parties and examined the matter in its entirety, I find that marriage of the applicant with the victim was solemnized three years ago and it is an admitted fact that the matter relates to dispute between husband (applicant) and wife (victim), who has received simple injuries. Considering the facts and circumstances of the case as well as keeping in view the nature of the offence, evidence, complicity of the accused and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed. Let the applicant-Aman Kumar, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions: (i) That the applicant shall cooperate with the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. (iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of
sureties will be verified by court concerned before the release of the applicant on bail. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant. It is made clear that the observations contained in the instant order are confined to the issue of bail only and shall not affect the merit of the trial. Order Date :- 13.8.2025 Kashifa Digitally signed by :- KASHIFA High Court of Judicature at Allahabad