Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29906 of 2025 Court No. - 65 HON'BLE KRISHAN PAHAL, J.
1. List has been revised. 2. Heard Sri Sandeep Kumar Dubey, learned counsel for applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. The present bail application has been filed by the applicant in Case Crime No.375 of 2023, under Sections 498-A, 323, 304-B I.P.C. and Section 3/4 D.P. Act, Police Station Kandhala, District Shamli with the prayer to enlarge him on bail. 4. As per prosecution story, the applicant alongwith other family members is stated to have beaten up the deceased person on 12.08.2023 and left her to the house of the informant on 13.08.2023. As such, the FIR was instituted by the informant on 16.08.2023 regarding the death of deceased person in the night of 15.08.2023. 5. Learned counsel for the applicant has stated that the allegations are per se false. There is nothing on record to suggest that the applicant had committed any offence whatsoever. It is true that there are nine injuries sustained by the deceased person, but the cause of death could not be ascertained, as such, viscera was preserved. The viscera report does not indicate the presence of any poison in it, as such, the applicant is entitled for bail. There is no criminal history of the applicant. The applicant is in jail since 12.03.2024 and he is ready to cooperate with trial. In case, the applicant is released on Versus Counsel for Applicant(s) : Sandeep Kumar Dubey Counsel for Opposite Party(s) : G.A. Anil .....Applicant(s) State Of U.P Through Its Secretary (Home) .....Opposite Party(s)
bail, he will not misuse the liberty of bail. 6. Per contra, learned A.G.A. has vehemently opposed the bail application on the ground that the deceased has sustained nine injuries and there was laceration of lung and clotted blood was found present in right side of heart, as such, the applicant is not entitled for bail. 7. After hearing learned counsel for the parties and taking into consideration the fact that the applicant is the husband of deceased person and the deceased has sustained nine injuries and there was laceration of lung and clotted blood was found present in right side of heart, I do not find it a fit case for grant of bail to the applicant.
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 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. 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. September 1, 2025 (Ravi Kant) BAIL No. 29906 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad