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2025 DAILYLAW 79072 (ALL)

RITIK v. STATE OF U.P.

BAIL/25761/2025 · 2025-07-27

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:123713 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25761 of 2025 Applicant :- Ritik Opposite Party :- State of U.P. Counsel for Applicant :- Akhilesh Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Akhilesh Kumar Yadav, learned counsel for applicant, Sri Rajendra Prasad Singh, learned State Law officer 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.357 of 2024, under Sections 85, 80(2) B.N.S. and Section 3/4 D.P. Act, Police Station Seohara, District Bijnor 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 19.11.2023. The applicant and other family members are stated to have subjected the deceased to cruelty for demand of a motorcycle as dowry, thereby leading her to death on 24.07.2024 at about 7:00 p.m. 5. Learned counsel for the applicant has stated that the FIR is delayed by more than five hours and there is no explanation of the said delay caused. The cause of death could not be ascertained, as such, viscera was preserved. In chemical analysis report, organochloro insecticide has been found in the viscera of the deceased person. 6. Learned counsel for the applicant has further stated that the applicant is the husband of the deceased person and he has nothing to do with the said offence. The applicant is in jail since 28.09.2024 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 on the ground that the FIR is prompt and the cause of death has been ascertained as it was organochloro insecticide which was consumed by the deceased person. 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 promptness of FIR and the cause of death being organochloro insecticide 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. 9. The bail application is found devoid of merits and is, accordingly, rejected. 10. However, it is directed that the aforesaid case pending before the trial court be decided expeditiously as early as possible 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. 11. 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 :- 28.7.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad