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2025 DAILYLAW 65933 (ALL)

YASHPAL ALIAS YASHVEER ALIAS UDAY PRATAP v. STATE OF U.P.

BAIL/19359/2025 · 2025-06-30

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:101322 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19359 of 2025 Applicant :- Yashpal Alias Yashveer Alias Uday Pratap Opposite Party :- State of U.P. Counsel for Applicant :- Satya Narayan Yadav Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Satya Narayan Yadav, learned counsel for the applicant, Sri Amit Kumar, learned State Law Officer and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.305 of 2024, under Sections 80(2), 85, 115(2) B.N.S. and 3/4 Dowry Prohibition Act, Police Station- Makkhanpur, District- Firozabad, during the pendency of trial. 4. As per prosecution story, the marriage of the applicant was solemnized with the deceased person as per Hindu Rites about three years before her death. The applicant and other family members are stated to have subjected her to cruelty for demand of a motorcycle and golden chain as dowry, thereby led her to death on 21.11.2024. at about 07:45 p.m. 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. The FIR is delayed by more than one day and there is no explanation of the said delay caused. 6. Learned counsel for the applicant has further stated that the inquest proceeding was conducted on 21.11.2024 itself and the informant is Panch witness no.1 in the said inquest proceedings, but he has not whispered a single word against any person whatsoever. The inquest proceeding itself indicates that the door of the room of the deceased person was broken open in the presence of the Investigating Officer, as such, it is a clear cut case of false implication. The victim has committed suicide due to depression. Even the cause of death has been found to be asphyxia as a result of antemortem hanging. 7. 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 28.11.2024 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. Learned State Law Officer has vehemently opposed the bail application. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the delay in institution of FIR and also that informant is Panch witness no.1 in the said inquest proceedings but he has not whispered a single word against any person whatsoever coupled by the fact that the inquest proceeding itself indicates that the door of the room of the deceased person was broken open in the presence of the Investigating Officer, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 10. Let the applicant- Yashpal Alias Yashveer Alias Uday Pratap, 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 evidence during trial. (ii) The applicant shall not pressurize/intimidate 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 :- 1.7.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad