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Neutral Citation No. - 2025:AHC:111446 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35317 of 2024 Applicant :- Deepak Jaiswal Opposite Party :- State of U.P. Counsel for Applicant :- Rajnish Dubey Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Supplementary affidavit filed by learned counsel for the applicant today is taken on record.
3. Heard Sri Rajnish Dubey, learned counsel for the applicant and Sri R.P. Patel, learned State Law Officer and perused the record.
4. Applicant seeks bail in Case Crime No. 1083 of 2018, under Sections 498A, 326, 323, 304B I.P.C. and Section 3/4 of D.P. Act, Police Station Naini, District Prayagraj, during the pendency of trial.
5. Learned counsel for the applicant has stated that the applicant is innocent and he has been falsely implicated in the present case. He has nothing to do with the said offence. The applicant is languishing in jail since 08.02.2019 and he is cooperating in trial.
6. Per contra, learned State Law Officer has vehemently opposed the bail on the ground there is a dying declaration against the applicant, as such the applicant is not entitled for bail.
7. After hearing learned counsel for the parties and taking into
consideration the facts and circumstances of the case and taking into account the fact that there is a dying declaration of the deceased person against the applicant, I do not find it a fit case for grant of bail to the applicant.
8. The bail application is found devoid of merits and is, accordingly, rejected.
9. However, it is directed that the aforesaid case pending before the
trial court be decided expeditiously, in view of the principle laid down in the recent judgements 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.
10. 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.
Order Date :- 11.7.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad