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2025 DAILYLAW 59991 (ALL)

DEEL SINGH v. STATE OF U.P.

BAIL/22496/2024 · 2025-07-30

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:128362 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22496 of 2024 Applicant :- Deel Singh Opposite Party :- State of U.P. Counsel for Applicant :- Phool Singh Yadav Counsel for Opposite Party :- Akansha Verma,Deepak Kumar Verma,G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Phool Singh Yadav, learned counsel for applicant, Sri Animesh Kumar holding brief of Sri Deepak Kumar Verma and Sri Ashutosh Srivastava, learned A.G.A. for the State. 3. The present bail application has been filed by the applicant in Case Crime No.312 of 2023, under Sections 498-A, 304-B IPC and 3/4 D.P. Act, Police Station Mangalpur, District Kanpur Dehat with the prayer to enlarge him on bail. 4. As per prosecution story, the deceased was having illicit relationship with one Jitendra, as such, the victim has been put to death by her boyfriend. 5. Learned counsel for the applicant has stated that he has been falsely implicated in the present case. The father of the applicant has also sustained injuries in the said incident as he has objected to the said act of illicit relationship. The applicant has nothing to do with the said offence. The co-accused person has confessed that he had inflicted stabbed wound to the neck of the deceased person, as such, the applicant is entitled for bail. 6 It is further argued by learned counsel for the applicant that there is no criminal antecedent of the applicant. The applicant is languishing in jail since 23.10.2023 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Per contra, learned A.G.A. and learned counsel for the informant have vehemently opposed the bail application on the ground that the deceased has expired within the precincts of the house of the applicant and the cause of death was coma due to ante-mortem injuries, which was stab wound on her neck i.e. on vital organ. The applicant has to explain under what circumstances the deceased sustained such injuries leading to her death, as such, the applicant is not entitled for bail. 8. After hearing learned counsel for the parties and taking into consideration the fact that FIR is prompt and cause of death is coma due to ante-mortem injuries sustained 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. 9. The bail application is found devoid of merits and is, accordingly, rejected. 10. However, it is directed that the aforesaid case pending before the trial court be decided expeditiously in view of the principle as has been laid down in the recent judgments of the Supreme Court in the cases of Vinod Kumar vs. State of Punjab; 2015 (3) SCC 220 and Hussain and Another vs. Union of India; (2017) 5 SCC 702, if there is no legal impediment. 11. 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 :- 31.7.2025 Priya (Justice Krishan Pahal) Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad