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2025 DAILYLAW 70814 (ALL)

VIKAS ALIAS RAJAN v. STATE OF U.P.

BAIL/23164/2025 · 2025-07-14

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:113398 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23164 of 2025 Applicant :- Vikas Alias Rajan Opposite Party :- State of U.P. Counsel for Applicant :- Devesh Pandey Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Devesh Pandey, learned counsel for the applicant, Sri R.P. Patel, learned State Law Officer and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 03 of 2025, under Sections 80(2), 85 B.N.S. and 3/4 D.P. Act, Police Station- Pannuganj, District- Sonbhadra, 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 25.4.2024, and subsequent to it, the applicant and other family members are stated to have subjected her to cruelty for demand of dowry, thereby leading her to death on 4.1.2025. 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. It is stated that nowhere it is mentioned in the FIR as to what was demanded as dowry, as such, the ingredients of Section 80(2) B.N.S. are not fulfilled. 6. Learned counsel for the applicant has further stated that the cause of death could not be ascertained, as such, viscera of the deceased has been preserved. The deceased had consumed some poisonous material as is but evident from the statement of witnesses who have categorically stated that the deceased had consumed some poison earlier on also twice as she was angry with the drinking of applicant. As such, it is a clear cut case of suicide committed by the deceased person and it is not a case of demand of dowry. 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 7.1.2025 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 State Law Officer has vehemently opposed the bail application. 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 there being no specific demand of dowry, 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- Vikas Alias Rajan, 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 pressurize/intimidate 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 :- 15.7.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad