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2025 DAILYLAW 61214 (ALL)

VIJAY PAL SINGH ALIAS TEETU v. STATE OF U.P.

BAIL/49731/2023 · 2025-07-02

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:103872 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49731 of 2023 Applicant :- Vijay Pal Singh Alias Teetu Opposite Party :- State of U.P. Counsel for Applicant :- M.P.S. Chauhan Counsel for Opposite Party :- Dharmendra Kumar Rajput,G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. Learned counsel for the informant is not present. 2. Heard Sri Ram Chandra Solanki, learned counsel for applicant, Sri Varun Pratap Singh, learned A.G.A. for the State and perused the material placed on record. 3. The present bail application has been filed by the applicant in Case Crime No.340 of 2023, under Sections 498A, 304B, 323 IPC and 3/4 D.P. Act, Police Station Atrauli, District Aligarh with the prayer to enlarge him on bail. 4. As per prosecution story, the marriage of the applicant was solemnized with the deceased as per Hindu Rites on 28.11.2022 and the applicant and other family members are stated to have subjected her to cruelty for demand of a Scorpio as dowry, thereby led her to death on 30.05.2023 at about 2:00 a.m. 5. Learned counsel for the applicant has stated that the applicant is absolutely innocent and has been falsely implicated in the present case. The FIR is delayed by about 19 hours and there is no explanation of the said delay caused. The cause of death was found to be asphyxia as a result of ante-mortem hanging. 6. Learned counsel for the applicant has further stated that the deceased was suffering from some mental disorder as she had committed suicide. The applicant cannot be held responsible for suicide committed by her. The applicant is simply a farmer in the village, as such, there was no occasion for him to demand a Scorpio as dowry as it was beyond his scope to maintain it. The applicant is in jail since 02.06.2023 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. has vehemently opposed the bail application on the ground that the FIR is prompt and was instituted the same night and the deceased had expired within a span of six months of her marriage within the precincts of the house of the applicant, as such, he is not entitled for bail. 8. After hearing learned counsel for the parties and taking into consideration the fact that the deceased has expired within the precincts of the house of the applicant that too within six months of her marriage, 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. 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 :- 3.7.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad