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Neutral Citation No. - 2025:AHC:100937 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21563 of 2025 Applicant :- Vikram Alias Vikki Opposite Party :- State of U.P. Counsel for Applicant :- Satendra Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Satendra Singh, learned counsel for the applicant and Sri P.K. Singh, learned counsel for the informant as well as Sri Arun Kumar Mishra, learned A.G.A. for the State and also perused the material placed on record.
3. Applicant seeks bail in Case Crime No. 577 of 2024, under Sections 85, 80(2) of BNS and Sections 3/4 of Dowry Prohibition Act, Police Station - Tundla, District - Firozabad, during the pendency of trial.
4. 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 as alleged in the FIR. The FIR is delayed by about two days and there is no explanation of the said delay caused. The FIR has been lodged as an afterthought and after legal consultations.
6. Learned counsel has also stated that the informant is the panch witness no. 3 in the inquest proceedings which was conducted on 13.10.2024 and at that time, he has not whispered a single word against the applicant or any other persons, as such, it is a clear cut case of false implication.
7. Learned counsel has next contended that the cause of death of deceased has been found to be asphyxia as a result of ante-mortem hanging. There is no criminal history of the applicant. The applicant is languishing in jail since 03.11.2024 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. Per contra, learned State Law Officer and learned counsel for the informant have vehemently opposed the bail application on the ground that the deceased had expired within a period of seven months of her marriage and within the precincts of the house of the applicant, as such, the applicant is not entitled for bail. However, they could not dispute the fact that the applicant has no criminal history.
9. Considering the facts and circumstances of the case,
submissions made by learned counsel for the parties, delay in lodging the FIR and also considering the fact that the informant is the panch witness no. 3 in the said inquest proceedings and he has not whispered a single word against the applicant at that time, I find it a fit case to release the applicant on bail. The bail application is allowed.
10. Let the applicant- Vikram Alias Vikki, 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 will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will 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 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad