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2025 DAILYLAW 66473 (ALL)

PAWAN KUMAR CHAUDHARY v. STATE OF U.P.

BAIL/19712/2025 · 2025-07-15

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:114288 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19712 of 2025 Applicant :- Pawan Kumar Chaudhary Opposite Party :- State of U.P. Counsel for Applicant :- Aditi Srivastava,Anupam Kumar Gupta,Kandarp Srivastava Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Kandarp Srivastava, learned counsel for applicant, Sri Sunil Kumar, 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.53 of 2023, under Sections 304B, 498A I.P.C. and Section 3/4 D.P. Act, Police Station Aadampur, District Varanasi 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 29.01.2022. The applicant and other family members are stated to have subjected the deceased to cruelty for demand of dowry, thereby leading her to death on 26.05.2023. 5. Learned counsel for the applicant has stated that the FIR is delayed by about twelve hours and there is no explanation of the said delay caused. The cause of death is asphyxia as a result of ante-mortem hanging. No injury was observed on the body of the deceased except the said ligature mark. The deceased has committed suicide as she did not like the applicant as she was 23 years old at the time of marriage and the age of the applicant was 35 years. The difference in age was the cause of her disliking the applicant. 6. Learned counsel for the applicant has further stated that the applicant is in jail for more than two years i.e. 29.05.2023 and the trial is moving at a snail's pace and no witness has been examined to date. There is no criminal history of the applicant. He is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. 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 fact that the FIR is prompt 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 :- 16.7.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad