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Neutral Citation No. - 2025:AHC:129565 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24074 of 2024 Applicant :- Vikas Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Avnish Kumar Srivastava,Mohammad Afzal Counsel for Opposite Party :- Arvind Kumar Srivastava,G.A.,Shiv Shankar Pandey,Sunil Kumar Saroj Hon'ble Krishan Pahal,J.
1. List has been revised. 2. Heard Sri Avnish Kumar Srivastava, learned counsel for the applicant, Sri Varun Pratap Singh, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 220 of 2023, under Sections 498A and 304B I.P.C. and 3/4 D.P. Act, Police Station- Jani, District- Meerut, 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 04.03.2021, and subsequent to it, the applicant and other family members are stated to have subjected the victim to cruelty for demand of dowry, thereby leading her to death on 20.08.2023 at about 11:00 PM. 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 12 hours and there is no explanation of the said delay caused. There are general allegations of demand of dowry in the FIR but it is not mentioned as to what was demanded in dowry. 6. Learned counsel for the applicant has further stated that cause of death is hanging as a result of ante mortem hanging. It is further argued that it was the second marriage of the deceased and first marriage of the applicant, as such, it is a clear cut case of false implication. Trial is moving at snail's pace, as such, fundamental right of applicant as enshrined under Article 21 of the Constitution
of India stands violated. 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 23.08.2023 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 A.G.A. has vehemently opposed the bail application. 9.
This Court called for status report from the trial and the report dated 29.07.2025 indicates that six witnesses have been examined and the case was adjourned on account of applications moved by the counsel for the applicant on five occasions. 10. After hearing learned counsel for the parties and considering the fact that the trial is at its conclusive end and the fact that the deceased expired within the precincts of the house of the applicant and the FIR being prompt, 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. However, it is directed that the aforesaid case pending before the trial court be decided expeditiously in view of the principle as has been laid down in the recent judgments of the Supreme Court in the cases of Vinod Kumar vs. State of Punjab; 2015 (3) SCC 220 and Hussain and Another vs. Union of India; (2017) 5 SCC 702, if there is no legal impediment. 13. 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 :- 1.8.2025 Karan (Justice Krishan Pahal)
Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad