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2025 DAILYLAW 92367 (ALL)

SOMVEER v. State of U.P.

BAIL/32918/2024 · 2025-05-25

Siddharth

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:88781 Reserved on 21.5.2025 Delivered on 26.5.2025 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32918 of 2024 Applicant :- Somveer Opposite Party :- State of U.P. Counsel for Applicant :- Ramesh Kumar Ojha,Surendra Narayan Mishra Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J. Heard Sri Ramesh Kumar Ojha and Shri Surendra Narayan Mishra,, learned counsel for the applicant and the learned A.G.A. for the State and perused the material placed on record. The instant bail application has been filed on behalf of the applicant, Somveer, with a prayer to release him on bail in Case Crime No. 288 of 2023, under Section- 302 I.P.C., Police Station - Bhojpur, District - Moradabad. There are allegations in the First Information Report that sister of the informant, Pinki was married 10 years ago with applicant, Somveer.She was being harassed by the family members of her matrimonial home and on 25.8.2023 applicant committed her murder with the help of his brother, Radhey Shyam, Bablu, Rajesh and Pinki. Learned counsel for the applicant has submitted that deceased was alone in the field where she was attacked by some unknown accused with intention of sexual assault and she was strangulated by assailants who caused her injures and she ultimately died due to strangulation.Applicant is in jail since 26.8.2023 and has no criminal history. He took the dead body of the deceased to his house on his shoulder. Learned A.G.A has pointed out that the statement of the independent witnesses which proves that applicant was habitual of consuming liquor.On the fateful day when they were working in their filed dispute took place between couple regarding money for consuming liquor. Thereafter applicant strangulated his wife to death by her Dupptta. The statements of P.W.1 and P.W.2 have been placed before this court wherein they have supported the prosecution case. This Court after hearing the learned counsels for the parties does not finds any ground for enlarging the applicant on bail at this stage. The bail application is accordingly, rejected. 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 :- 26.5.2025 Atul kr. sri. Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad