Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:133785 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27299 of 2025 Applicant :- Vishal Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Ashwani Kumar Pathak Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Ashwani Kumar Pathak, learned counsel for the applicant and Sri Sunil Kumar, learned A.G.A. for the State and perused the record.
3. Applicant seeks bail in Case Crime No. 535 of 2024, under Sections 85, 80(2) of BNS and Section 3/4 of D.P. Act, Police Station Gagha, District Gorakhpur, during the pendency of trial.
4. Learned counsel for the applicant has stated that the applicant is innocent and he has been falsely implicated in the present case. He has nothing to do with the said offence.
5. Learned counsel has next stated that the FIR is delayed and there is no explanation of the said delay caused. The deceased has committed suicide and the cause of death has been found to be asphyxia as a result of ante mortem hanging.
6. Learned counsel has next stated that the applicant had given information to the in-laws and the police about the incident. There is no specific demand of dowry made in the FIR. There are general and omnibus allegations against all the accused persons. The applicant has no criminal history. The applicant is languishing in jail since 30.09.2024.
7. Per contra, learned A.G.A. has vehemently opposed the bail.
8. After hearing learned counsel for the parties and taking into
consideration the fact that the FIR is prompt and the deceased had 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, in view of the principle laid down in the recent judgements 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 :- 7.8.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad