Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 83821 (ALL)

SATYAPAL v. State of U.P.

BAIL/29341/2024 · 2025-07-10

Krishan Pahal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:111379 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29341 of 2024 Applicant :- Satyapal Opposite Party :- State of U.P. Counsel for Applicant :- Noor Muhammad,Siddharth Shukla,Somit Shukla,Yogesh Kumar Srivastava Counsel for Opposite Party :- Akhilendra Yadav,G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Two supplementary affidavits filed by learned counsel for the applicant are taken on record. 3. Heard Sri Siddharth Shukla, learned counsel for the applicant, Sri Akhilendra Yadav, learned counsel for the informant as well as Sri Anit Kumar Shukla, learned A.G.A. for the State and perused the material placed on record. 4. Applicant seeks bail in Case Crime No. 532 of 2023, under Sections 498-A, 304-B, 323, 504 I.P.C. and 3/4 D.P. Act, Police Station- Sirsaganj, District- Firozabad, during the pendency of trial. 5. This is the second bail application on behalf of the applicant. The first bail application was dismissed for want of prosecution by the Co-ordinate Bench of this Court vide order dated 19.7.2024 passed in Criminal Misc. Bail Application No.16337 of 2024. 6. As per prosecution story, the marriage of the applicant was solemnized with deceased person as per Hindu Rites about one and half years before her death. The applicant and other family members are stated to have subjected her to cruelty for demand of a golden chain and Rs.1 lakh as dowry, thereby leading her to death on 16.8.2023 at about 10:00 a.m. 7. 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 allegations of demand of dowry are vague. Learned counsel has stated that the applicant is languishing in jail since 28.8.2023 and the trial is moving at a snail's pace and only two witnesses have been examined to date and the cross-examination of PW-2 is going on. As such, there is no likelihood of conclusion of trial in near future. 8. Learned counsel for the applicant has further stated that the cause of death was found to be asphyxia as a result of antemortem hanging. There was no external injury found on the body of the deceased person except the ligature mark on the neck. The criminal history of two cases assigned to the applicant has been explained in para-2 of the supplementary affidavit dated 3.7.2025. The applicant is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 9. Per contra, learned counsel for the informant and learned A.G.A. have vehemently opposed the bail application on the ground that there was demand of dowry and the deceased had expired within the precincts of house of the applicant and also the applicant and other family members had run away from the place of occurrence at the time of inquest proceedings. As such, he is not entitled for bail. 10. After hearing learned counsel for the parties and taking into consideration that deceased had expired within the precincts of house of the applicant and the FIR has been instituted within a reasonable time coupled with the fact that applicant had run away from the place of occurrence at the time of inquest proceedings and the trial is going on, I do not find it a fit case for grant of bail to the applicant. 11. The bail application is found devoid of merits and is, accordingly, rejected. 12. However, it is directed that the aforesaid case pending before the trial court be decided expeditiously 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. 13. 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 :- 11.7.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad