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2025 DAILYLAW 81769 (ALL)

DEEPAK v. STATE OF U.P.

BAIL/28453/2024 · 2025-07-07

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:108714 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28453 of 2024 Applicant :- Deepak Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Counsel for Opposite Party :- G.A.,Gaurav Sharma Hon'ble Krishan Pahal,J. 1. List has been revised. None present for the informant. 2. Heard Sri Ajay Kumar, learned counsel for the applicant, Sri Arun Kumar Mishra, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.165 of 2024, under Sections 498-A, 304-B I.P.C. and Section 3/4 D.P. Act, Police Station - Tajganj, District - Agra, during the pendency of trial. 4. As per prosecution story, the marriage of the applicant was solemnized with the deceased person as per Hindu rites on 02.05.2020, and subsequent to it, the applicant and other family members are stated to have subjected the victim to cruelty for demand of a motorcycle and one lac rupees as dowry, thereby led her to death on 21.03.2024. 5. 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. The FIR is delayed by about seven days and there is no explanation of the said delay caused. The applicant had himself informed the brother of the deceased about the incident. As such, he is entitled for bail. The applicant is languishing in jail since 23.03.2024. There is no criminal antecedent of the applicant and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Learned A.G.A. has vehemently opposed the bail application on the ground that there was a complaint filed by the victim at Mahila Thana earlier as the victim was thrown out from her in-laws house. The matter was settled between the parties and the victim returned after the said compromise. Despite the said settlement, the instant offence has been committed by the applicant with the victim. 7. After hearing learned counsel for the parties and taking into consideration that the deceased died within the precincts of the house of the applicant; there was additional demand of dowry; the FIR has been instituted within a reasonable time, I do not find it a fit case for grant of bail to the applicant. The bail application is found devoid of merits and is, accordingly, rejected. Order Date :- 8.7.2025 CS/- (Justice Krishan Pahal) Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad