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2025 DAILYLAW 51356 (ALL)

VIKASH v. STATE OF U.P.

BAIL/14430/2025 · 2025-10-09

Raj Beer Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 14430 of 2025 Court No. - 51 HON'BLE RAJ BEER SINGH, J. 1. Supplementary affidavit filed by learned counsel for the applicant is taken on record. 2. Heard learned counsel for the applicant, learned A.G.A for the State and perused the material brought on record. 3. The present second bail application has been filed on behalf of the applicant in Case Crime No. 12/ 2024, under Sections 498A, 323, 304B IPC and Section 3/4 D.P. Act, Police Station Dankaur District Gautam Budh Nagar with the prayer to enlarge the applicant on bail. 4. It has been submitted by learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in this case. The applicant is husband of deceased and their marriage has taken place on 27.01.2023. Only general allegations of demand of dowry and harassment of deceased have been levelled. It was submitted that deceased has committed suicide. In postmortem report except ligature mark no other injury has been shown on the body of the deceased and cause of death is hanging. It was submitted that co-accused Smt. Balveeri Devi and Subhash have been granted bail by this Court. 5. It is further submitted that first bail application of applicant was rejected by this Court vide order dated 09.08.2024 and after that statement of informant / PW-1 Satish Kumar and PW-2 Rakesh, who is uncle of deceased, have been recorded before the trial Court and they have not supported prosecution version and turned hostile. The applicant is in judicial custody since 17.01.2024 and thus he has already undergone detention of more than one and half years. It was submitted that there are number of Versus Counsel for Applicant(s) : Avadh Pratap Singh Shishodia, Praveen Kumar Singh Counsel for Opposite Party(s) : G.A. Vikash .....Applicant(s) State of U.P. .....Opposite Party(s) formal witnesses, who are yet to be examined, and trial of the case would take sufficient long time. Referring to facts, it was submitted that applicant may be granted bail and that in case applicant is enlarged on bail, the applicant will not misuse the liberty of bail. 6. Learned A.G.A. has opposed the prayer for bail and submitted that applicant is husband of deceased and that deceased has suffered death due to hanging within one year of her marriage. 7. Considering submissions of learned counsel for the parties, nature of accusations, period of detention and all attending facts and circumstances of the case, without expressing any opinion on the merits, a case for bail is made out. 8. The bail application is allowed. 9. Let the applicant - Vikash involved in aforesaid case be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions: i. The applicant shall not tamper with the evidence during the trial. ii. The applicant shall not pressurize/ intimidate any of the prosecution witness. iii. The applicant shall appear before the trial court on the date fixed, unless his personal presence is exempted. iv. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. v. 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence. 10. In case of breach of any of the above condition, the Court concerned shall be at liberty to cancel bail of applicant in accordance with law. October 10, 2025 'SP'/- BAIL No. 14430 of 2025 2 (Raj Beer Singh,J.) Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad