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2025 DAILYLAW 66312 (ALL)

RATAN SINGH v. STATE OF U.P.

BAIL/19688/2025 · 2025-07-17

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:116748 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19688 of 2025 Applicant :- Ratan Singh Opposite Party :- State of U.P. Counsel for Applicant :- Babu Lal Ram,Sunil Kumar Misra Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Sunil Kumar Misra, learned counsel for applicant, Sri Deepak Kumar 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.102 of 2024, under Sections 498A, 304B I.P.C. and Section 3/4 D.P. Act, Police Station Chhajlet, District Moradabad with the prayer to enlarge him on bail. 4. As per prosecution story, the marriage of the applicant was solemnized with the deceased person as per Hindu Rites on 22.05.2021. The applicant and other family members are stated to have subjected the deceased to cruelty for demand of a bullet motorcycle and Rs.5 lakhs as dowry, thereby led her to death on 19.02.2025 at about 4:00 a.m. 5. Learned counsel for the applicant has stated that the FIR is delayed and there is no explanation of the said delay caused. The applicant was not present at the time of offence as he was involved in the business of supplying milk in the city. 6. Learned counsel for the applicant has further stated that the cause of death is asphyxia as a result of ante-mortem hanging. There is no criminal history of the applicant. The applicant is in jail since 25.05.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Per contra, learned A.G.A. has vehemently opposed the bail application on the ground that the FIR is prompt and the deceased has expired 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 facts that the FIR was promptly instituted 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. 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 :- 18.7.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad