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2025 DAILYLAW 75676 (ALL)

SHIV KUMAR v. STATE OF U.P.

BAIL/25927/2024 · 2025-01-27

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:13844 Court No. - 73 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25927 of 2024 Applicant :- Shiv Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Safiullah Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record. 2. The present bail application has been filed on behalf of the applicant in Case Crime No. 187 of 2022, under Sections - 498-A, 304-B, 323 I.P.C. and Section - 3/4 D.P. Act, Police Station - Dhanari, District - Sambhal, with the prayer to enlarge the applicant on bail. 3. It is submitted by learned counsel for applicant that applicant is innocent and he has been falsely implicated in this case. Applicant is husband of deceased. Allegations of dowry demand and harassment of deceased levelled against applicant are wholly false. It was stated that deceased wanted to live in city and as applicant was not in a position to keep her in city, she has committed suicide. The injuries shown on body of deceased were sustained by deceased while her body was taken down from hanging condition. It is further submitted that during trial the informant/P.W.-1 has not supported prosecution version in his cross-examination. P.W.-2 has also turned hostile before the trial court. Lastly, it was submitted that the applicant-accused is languishing in jail since 25.08.2022, having no criminal history, and that in case the applicant is released on bail, he will not misuse the liberty of bail and will co- operate in trial. 4. Learned A.G.A. has opposed the prayer for bail and submitted that applicant is husband of deceased. In postmortem report of deceased, three incised wounds have been shown on body of deceased and one ligature mark has also been shown. The cause of death of deceased has been shown asphyxia, due to throttling. No plausible explanation has been offered by applicant-accused as to how deceased has suffered has suffered injuries and throttling. 5. Considering submissions of learned counsel for the parties, nature of accusations and all attending facts, particularly considering the fact that deceased has been done to death by throttling, without expressing any opinion on merits, no case for bail is made out. 6. Accordingly, the instant bail application filed on behalf of the applicant - Shiv Kumar is rejected. 7. However, considering the period of detention of the applicant, the Trial Court concerned is directed to expedite the trial and to conclude the same as early as possible. 8. A copy of this order be forwarded to the concerned trial court for necessary compliance. Order Date :- 27.1.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad