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2025 DAILYLAW 74123 (ALL)

ARJUN SINGH v. STATE OF U.P.

BAIL/24246/2025 · 2025-07-14

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:113210 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24246 of 2025 Applicant :- Arjun Singh Opposite Party :- State of U.P. Counsel for Applicant :- Satish Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Satish Kumar Yadav, learned counsel for applicant, Sri Abhinav Shukla, Advocate holding brief of Sri Pramod Kumar, learned counsel for the informant, 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.142 of 2025, under Sections 115(2), 351(2), 80(2), 85 B.N.S. and Section 3/4 D.P. Act, Police Station Chandpur, District Bijnor with the prayer to enlarge him on bail. 4. Learned counsel for the applicant has stated that the FIR is delayed by about eight hours and there is no explanation of the said delay caused. The demand of dowry does not stand substantiated by any evidence whatsoever. The deceased had expired just before the completion of stipulated period of seven years and the cause of death was asphyxia as a result of ante- mortem hanging. 5. Learned counsel for the applicant has further stated that there is no criminal history of the applicant. The applicant is in jail since 01.04.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Per contra, learned counsel for the informant and learned A.G.A. have vehemently opposed the bail application on the ground that the FIR is prompt and the applicant and other family members had ran away from the place of occurrence and at the time of inquest proceedings itself. The deceased had expired within the precincts of the house of the applicant, as such, he is not entitled for bail. 7. After hearing learned counsel for the parties and taking into consideration the promptness of the FIR and there being demand of a motorcycle and a golden chain as dowry coupled with the fact that 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. 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 :- 15.7.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad