Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 71154 (ALL)

AJAY KUMAR ALIAS RAJA v. STATE OF U.P.

BAIL/23336/2025 · 2025-07-07

Krishan Pahal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:106729 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23336 of 2025 Applicant :- Ajay Kumar Alias Raja Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Yadav,Umakant Pal Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Rajesh Kumar Yadav, learned counsel for applicant, Sri Anit Kumar Shukla, 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.277 of 2024, under Sections 498-A, 304-B I.P.C. and 3/4 D.P. Act, Police Station Kotwali, District Mainpuri with the prayer to enlarge him on bail. 4. Learned counsel for the applicant has stated that the applicant is the husband of the deceased person and he has been falsely implicated in the present case. The FIR is delayed by about one day and there is no explanation of the said delay caused. The cause of death is asphyxia as a result of antemortem hanging. The deceased wanted the applicant to leave his ancestral home and start living at Delhi where his elder brother used to work as a cook. 5. Learned counsel for the applicant has further stated that the applicant is the owner of e-riksha and has nothing to do with the said offence. It was a love marriage and the informant is the witness to the said love marriage, as such, there was no question of demanding any dowry. There is no criminal history of the applicant. The applicant is in jail since 05.06.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Per contra, learned A.G.A. has vehemently opposed the bail application on the ground that the marriage was solemnized on 27.03.2024 and the deceased has expired on 25.04.2024 within a period of one month only that too within the precincts of the house of the applicant, as such, the applicant is not entitled for bail. 7. After hearing learned counsel for the parties and taking into consideration the facts that the deceased has expired within the precincts of the house of the applicant that too within a period of one month of her marriage, I do not find it a fit case for grant of bail to the applicant. 8. The bail application is found devoid of merits and is, accordingly, rejected. 9. 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 :- 8.7.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad