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2025 DAILYLAW 83814 (ALL)

DASHARATH @ SOMI v. State of U.P.

BAIL/28938/2024 · 2025-07-09

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:110110 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28938 of 2024 Applicant :- Dasharath @ Somi Opposite Party :- State of U.P. Counsel for Applicant :- Rajendra Prasad Counsel for Opposite Party :- G.A.,Piyush Kumar Shukla Hon'ble Krishan Pahal,J. 1. List has been revised. None is present on behalf of the informant. 2. Heard Sri Rajendra Prasad, learned counsel for the applicant and Ms. Ifrah Islam, learned State Law Officer and perused the record. 3. Applicant seeks bail in Case Crime No. 102 of 2023, under Sections 498A, 304B I.P.C. and Section 3/4 of D.P. Act, Police Station Badagaon, District Jhansi, 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. There is allegations of demand of Rs. 2.5 lacs as dowry but there is no evidence of the said allegation. The applicant is languishing in jail since 21.05.2023 and he is cooperating in trial. 5. Per contra, learned State Law Officer has vehemently opposed the bail on the ground that the deceased had expired within the precincts of the house of the applicant that too within two years of her marriage and there was a baby of two and half months at the time of her death, as such the applicant is not entitled for bail. 6. After hearing learned counsel for the parties and taking into consideration the facts and circumstances of the case and taking into account the fact the deceased had died within the precincts of the house of the applicant, I do not find it a fit case for grant of bail to the applicant. 7. The bail application is found devoid of merits and is, accordingly, rejected. 8. 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. 9. 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 :- 10.7.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad