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Neutral Citation No. - 2025:AHC:105680 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19924 of 2025 Applicant :- Navneet Kumar Alias Abhishek Opposite Party :- State of U.P. Counsel for Applicant :- Satyaveer Singh Counsel for Opposite Party :- Jitendra Singh, Pramod Kumar,G.A. Hon'ble Krishan Pahal,J.
1. List has been revised. 2. Heard Sri Satyaveer Singh, learned counsel for the applicant, Sri Jitendra Singh, learned counsel for the informant, Sri Anit Kumar Shukla, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.04 of 2025, under Sections 85, 80(2), 352 B.N.S. and Section 3/4 D.P. Act, Police Station Kasganj, District Kasganj, 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 on
23.11.2023. The applicant and other family members are stated to have subjected her to cruelty for demand of dowry, thereby led her to death on 30.12.2024 at about 8:30 p.m.
5. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. The FIR is delayed by about two days and there is no explanation of the said delay caused. It is a clear-cut case of false implication as the informant and his brother Kartar Singh were present at the time of inquest proceedings undertaken on 30.12.2024 itself, which was complete by 10:45 p.m. the same night. 6. Learned counsel for the applicant has further stated that the next day, the autopsy of the deceased was conducted and the FIR has been instituted subsequent to the cremation of the dead body of the deceased as an afterthought after legal consultation. The informant is panch witness no.1 and his brother Kartar Singh is panch witness no.2 in the said inquest proceedings and they have not whispered a single word against the applicant from the time of inquest proceedings to the institution of FIR. 7. Learned counsel for the applicant has also 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 languishing in jail since 01.01.2025 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 counsel for the informant and learned A.G.A. have vehemently opposed the bail application on the ground that the deceased has expired within eleven months of her marriage, as such, the applicant is not entitled for bail. 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 the fact that the informant and his brother are present at the time of inquest proceedings and have not whispered a single word against the applicant at that time, 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- Navneet Kumar Alias Abhishek, 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 pressurise/intimidate with 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 :- 7.7.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad