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2025 DAILYLAW 75449 (ALL)

BEDI LAL v. STATE OF U.P.

BAIL/24728/2025 · 2025-07-27

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:123629 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24728 of 2025 Applicant :- Bedi Lal Opposite Party :- State of U.P. Counsel for Applicant :- Bhupendra Kumar Pandey,Damodar Singh,Devendra Vikram Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Devendra Vikram Singh and Sri Bhupendra Kumar Pandey, learned counsels for the applicant and Sri Rajendra Prasad Singh, learned State Law Officer for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 59 of 2024, under Sections 498A, 304B, 506 IPC and Section 3/4 of D.P. Act, Police Station Dubauliya, District Basti, during the pendency of trial. 4. 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 as alleged in the FIR. The FIR is delayed by about more than two days and there is no explanation of the said delay caused. The applicant is the husband of the deceased person. 5. Learned counsel has further stated that the applicant was not present at the place of occurrence, rather the inquest report itself mentions that the applicant used to threaten her from abroad. The applicant had come from Dubai in the year 2025. There is a dying disposition of the deceased person before Dr. Vipul Shukla, which may tantamount to dying declaration as she has stated that she herself has poured some inflammable material over her and set her afire, as such it is a case of 'attempt to suicide' as stated by Dr. Vipul Shukla. 6. It is next stated that the other co-accused persons have been exonerated by the police, as such the applicant is entitled for bail. There is no criminal history of the applicant. The applicant is languishing in jail since 15.04.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Per contra, learned State Law Officer has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and taking into consideration the delay in institution of the FIR coupled by the fact that the applicant was not present at the place of occurrence, I find it a fit case to release the applicant on bail. The bail application is allowed. 9. Let the applicant- Bedi Lal, 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 the evidence during trial. ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. iii) The applicant shall appear before the trial court on the date fixed. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. 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 :- 28.7.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad