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2025 DAILYLAW 73384 (ALL)

DEEPAK YADAV v. STATE OF U.P.

BAIL/23911/2025 · 2025-07-10

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:110763 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23911 of 2025 Applicant :- Deepak Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Surendra Mohan Mishra Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Surendra Mohan Mishra, learned counsel for the applicant, Sri Sunil Kumar, 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.45 of 2025, under Sections 85, 80(2) B.N.S. and Section 3/4 D.P. Act, Police Station Jogiya Udaypur, District Siddharth Nagar with the prayer to enlarge him on bail. 4. As per prosecution story, the marriage of the applicant was solemnized with the deceased person as per Hindu Rites on 29.5.2023. The applicant and other family members are stated to have subjected the deceased to cruelty for demand of Rs.2 lakhs and a motorcycle as dowry, thereby leading her to death on 2.4.2025 at about 11:00 p.m. 5. Learned counsel for the applicant has stated that the FIR is delayed by about thirteen hours and there is no explanation of the said delay caused. The cause of death is asphyxia as a result of ante-mortem hanging. The allegations are per se false. The deceased has committed suicide as she did not want to marry the applicant, rather she wanted to marry elsewhere. 6. Learned counsel for the applicant has further stated that there is no criminal history of the applicant. The applicant is in jail since 15.05.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Per contra, learned A.G.A. has vehemently opposed the bail application on the ground that the FIR is prompt and the deceased has expired within the precincts of the house of the applicant, as such, he is not entitled for bail. 8. After hearing learned counsel for the parties and taking into consideration the facts that the FIR has been instituted within reasonable time and the deceased has expired within the precincts of the house of the applicant, I do not find it a fit case for grant of bail to the applicant. 9. The bail application is found devoid of merits and is, accordingly, rejected. 10. 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 :- 11.7.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad