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2025 DAILYLAW 80198 (ALL)

ANIL v. STATE OF U.P.

BAIL/26500/2025 · 2025-07-31

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:128760 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26500 of 2025 Applicant :- Anil Opposite Party :- State of U.P. Counsel for Applicant :- Akshay Raghuvanshi,Ritesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Akshay Raghuvanshi, learned counsel for applicant, Sri Sunil Kumar, 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.0385 of 2024, under Sections 85, 80(2) B.N.S. and Section 3/4 D.P. Act, Police Station Kotwali Chunar, District Mirzapur with the prayer to enlarge him on bail. 4. As per prosecution story, the marriage of the applicant was solemnized with the deceased person/daughter of the informant as per Hindu Rites in the year 2020. The applicant and other family members are stated to have subjected the deceased to cruelty for demand of dowry, thereby led her to death on 12.12.2024. 5. Learned counsel for the applicant has stated that the FIR is delayed and there is no explanation of the said delay caused. The applicant was not present at the time of incident and when he learnt about the incident, he rushed the deceased to hospital where she was declared dead, as such, he took the dead body back to his house. The allegations are per se false. 6. Learned counsel for the applicant has further stated that the cause of death could not be ascertained, as such, viscera was preserved and Zinc Phosphide poison was found in it. The deceased was having an extra-marital affair with another person, due to which a dispute arose between the applicant and the deceased, as such peeved by the said act, she had committed suicide. There is no criminal history of the applicant. The applicant is in jail since 17.12.2024 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 A.G.A. has vehemently opposed the bail application on the ground that the deceased has expired within the precincts of the house of the applicant and Zinc Phosphide poison was found in her viscera, as such, the applicant is not entitled for bail. 8. After hearing learned counsel for the parties and taking into consideration the fact that the deceased has expired within the precincts of the house of the applicant and Zinc Phosphide poison was found in the viscera of the deceased person, 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 :- 1.8.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad