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2025 DAILYLAW 84655 (ALL)

DEVENDRA v. STATE OF U.P.

BAIL/27669/2025 · 2025-09-09

Krishan Pahal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 27669 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Hemant Sharma, learned counsel for the applicant and Sri Amit Kumar, learned counsel for the informant as well as Sri Pranshu Kumar, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 363 of 2025, under Sections 498A, 323, 313, 506 of IPC and Section 3/4 of D.P. Act, Police Station Sikandrabad, District Bulandshahr, during the pendency of trial. 4. 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 applicant is the brother- in-law of the victim. 5. Learned counsel has next stated that although it is a case of Section 313 IPC but the allegations are per se false. The victim was living at her maternal home which is but evident from the fact that a petition under section 9 of the Hindu Marriage Act was instituted by the brother of the applicant, who happens to be the husband of the victim and the same is pending, as such it is a clear cut case of false implication. 6. There is no criminal history of the applicant. The applicant is languishing in jail since 14.07.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the Versus Counsel for Applicant(s) : Hemant Sharma, Sani Kumar Counsel for Opposite Party(s) : Amit Kumar, G.A., Vinod Kumar Tirpathi Devendra .....Applicant(s) State of U.P. .....Opposite Party(s) liberty of bail. 7. Learned A.G.A. as well as learned counsel for the informant have vehemently opposed the bail application. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record and without expressing any opinion on the merit of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 9. Let the applicant- Devendra, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. i) The applicant shall not tamper with the evidence during trial. ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. iii) The applicant shall appear before the trial court on the date fixed. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 10, 2025 Sumit S BAIL No. 27669 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad