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2025 DAILYLAW 88038 (ALL)

PRAMOD v. STATE OF U.P.

BAIL/28696/2025 · 2025-08-20

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:144130 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28696 of 2025 Applicant :- Pramod Opposite Party :- State of U.P. Counsel for Applicant :- Jaideep Pandey Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Jaideep Pandey, 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.110 of 2025, under Sections 85, 115(2), 351(2), 118(2) B.N.S. and 3/4 D.P. Act, Police Station Munda Panday, District Moradabad, during the pendency of trial. 4. As per prosecution story, the marriage of the applicant was solemnized with the victim as per Hindu Rites about six months before the incident. The applicant and other family members are stated to have subjected her to cruelty for demand of dowry, thereby set her afire on 16.03.2025 at about 05:00 PM. 5. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. FIR is delayed by about 10 days and there is no explanation to the said delay caused. It is further argued that victim is stated to have returned to her house and thereupon the FIR has been instituted after legal consultation. 6. Learned counsel for the applicant has argued that there is no criminal history of the applicant. The applicant is languishing in jail since 30.03.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Learned A.G.A. has 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, taking into consideration the fact that FIR has been instituted after a delay of 10 days and there is no explanation to the said delay caused, and without expressing any opinion on the merits 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- Pramod, 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 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. Order Date :- 21.8.2025 Karan (Justice Krishan Pahal) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad