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2025 DAILYLAW 68750 (ALL)

MUKESH KUMAR v. STATE OF U.P.

BAIL/22448/2025 · 2025-07-14

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:113436 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22448 of 2025 Applicant :- Mukesh Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Manvendra Singh,Saurabh Yadav Counsel for Opposite Party :- Darwari Lal,G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Saurabh Yadav, learned counsel for the applicant, Sri Darbari Lal, learned counsel for the informant as well as 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. 616 of 2024, under Sections 115(2), 352, 80(2), 85, 3(5) B.N.S. and 3/4 D.P. Act, Police Station- Faridpur, District- Bareilly, 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 six years before her death. The applicant and other family members are stated to have subjected her to cruelty for demand of Rs.2 lakh as dowry. In the meantime, the applicant is even stated to have enticed away the younger sister of the deceased person and had started living with her as husband and wife, thereby leading the deceased person to death on 17.8.2024. 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 about one day and there is no explanation of the said delay caused. 6. Learned counsel for the applicant has further stated that the applicant was present at the time of inquest proceedings and postmortem examination and even the dead body was handed over to him, as such, he has nothing to do with the said offence. The prosecution story stands falsified from the fact that on the one hand it is alleged that applicant demanded dowry of Rs.2 lakh and on the other hand the case of illicit relationship has been made, as such, the prosecution is not clear as to what was the cause of suicide committed by the deceased person. 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 13.12.2024 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 learned counsel for the informant has vehemently opposed the bail application on the ground that the applicant has misused his clout and in addition to demand of dowry had enticed away the younger sister of the deceased person and used to live with her as husband and wife. It is further argued that the deceased had expired within the precincts of house of the applicant only. The cause of death is poisoning and organophosphorus insecticide was found in the viscera of the deceased person. 9. Learned A.G.A. has also vehemently opposed the bail application. 10. After hearing learned counsel for the parties and taking into consideration that the deceased had expired within the precincts of house of the applicant and there is particular demand of dowry of Rs.2 lakh, I do not find it a fit case for grant of bail to the applicant. 11. The bail application is found devoid of merits and is, accordingly, rejected. 12. 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 :- 15.7.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad