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1 Neutral Citation No. - 2025:AHC:90830 Reserved On:- 16.05.2025 Delivered On:- 27.05.2025 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29431 of 2024 Applicant :- Deepak Alias Pawan Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Kumar Mishra,Satyendra Narayan Singh Counsel for Opposite Party :- G.A.,Sushil Kumar Dubey Hon'ble Siddharth, J.
1. Heard Sri Pankaj Kumar Mishra, learned counsel for the applicant; Sri Sushil Kumar Dubey, learned counsel for the informant; learned A.G.A for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant, Deepak Alias Pawan Kumar, with a prayer to release him on bail in Session Trial No. 622 of 2024 arising out of Case Crime No. 55 of 2024, under Sections- 498-A, 302, 404, 411 IPC, Police Station- Friends Colony, District- Etawah.
3. There are allegations against the applicant that soon after his marriage with the deceased, he started demanding dowry from the deceased and left her in her parental home. Thereafter, he was paid Rs. 4.50 lacs and he kept the daughter of informant for sometime. Thereafter again he dropped her at her parental home for 6-7 days when he could not connect with his daughter on phone he went to her matrimonial home. He found the same locked and there was smell coming out from the house. Police was informed and after breaking the door and dead body of his daughter was recovered. Injury was found on the dead body of deceased.
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4. Counsel for the applicant has submitted that number of persons used to come to the deceased and she was having relationship with them. The applicant has filed a case under section 9 of Hindu Marriage Act. The marriage of the deceased with the applicant took place 13 years back and she has left behind three children aged about 13 years, 12 years and 9 years. The applicant is a truck driver. He has been falsely implicated in this case. He was not present in his house at the time of incident.
5. Counsel for the applicant further submits that on 03.07.2022, the applicant has also filed a case under Section 13 of the Hindu Marriage Act, praying for divorce from the deceased.
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Learned counsel for the applicant has next submitted that there is no definite evidence against the applicant that he committed the murder of deceased.
7. Counsel for the informant has vehemently opposed the bail application and has submitted that the recovery of jewellery of the deceased and weapons used in commission of alleged crime has been recovered from him. The children of the deceased and the deceased resided with their maternal grand-father. Trial has begun. Before the trial court, statement of P.W.-1 and P.W.-2 have been recorded. They have supported the prosecution case.
8. This Court after hearing the learned counsels for the parties does not finds any ground for enlarging the applicant on bail at this stage.
9. The bail application is accordingly, rejected.
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10. The trial court is directed to conclude the trial against the applicant as expeditiously as possible as per Section 309 Cr.P.C. (new Section 346 B.N.S.S.).
Order Date :- 27.05.2025 Rohit Digitally signed by :- ROHIT DAS High Court of Judicature at Allahabad