Amit vs State of U.P.

Neutral Citation No. - 2025:AHC:86768

Court No. - 6

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14647 of 2025

Applicant :- Amit Opposite Party :- State of U.P. Counsel for Applicant :- Sanjeev Kumar Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Shyam Shamshery,J.

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Heard Sri Sanjeev Kumar Yadav, learned counsel for applicant and Sri Bhupendra Pal Singh, learned AGA.

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This is second bail application. The first bail application was rejected by a reasoned order dated 02.04.2024 and reasons mentioned therein are quoted below :-

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“(a) Deceased died within one year of her love marriage.

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(b) Nature of injuries caused to deceased, i.e., burn injuries all over body except upper face and scalp.

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(c) Testimony of witnesses recorded during trial has also substantially supported case of prosecution.”

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In pursuance of order passed by this Court, trial Court has submitted a status report dated 20.05.2025 that out of 6 prosecution witnesses, 5 witnesses have been examined and I.O. has been summoned though he has not come forward, therefore, a bailable warrant has been issued against him.

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Learned counsel for applicant submits that applicant is in jail since 25.11.2021 i.e. about 3 ½ years and in case of conviction, minimum sentence is 7 years; he further submits that there are certain contradictions in statement

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of one of prosecution witnesses that it may be a case of accidental death, therefore, applicant may be released on bail.

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Per contra, learned AGA has opposed the bail, however, has not disputed status of trial and he submits that other evidence have supported the prosecution case.

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I have considered above submissions and perused the record.

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Considering aforesaid submissions and taking note that applicant is in jail for about 3 ½ years and trial is at fag end, therefore, at this stage, there is no likelihood that applicant may influence any witness as well as in case of conviction, minimum sentence is 7 years, therefore, applicant has made out a case of bail.

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Let the applicant- Amit be released on bail in Case Crime No. 328 of 2021, under Sections 498A, 304B IPC and 3/4 Dowry Prohibition Act, Police Station Gida, District Gorakhpur on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions which are being imposed in the interest of justice:-

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(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

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(ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment or exemption from appearance on the date fixed in trial. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(iii) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his

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presence proclamation under Section 82 Cr.P.C., may be issued and if applicant fails to appear before the Court on the date fixed in such proclamation, then, the Trial Court shall initiate proceedings against him, in accordance with law, under section 174-A I.P.C.

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(iv) The Trial Court may make all possible efforts/endeavour and try to conclude the trial expeditiously, preferably within a period of six months after release of applicant, if there is no other legal impediment.

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(v) Applicant has to appear on each and every date before learned trial Court and any application for exemption of his appearance on vague ground could be a ground for cancellation of bail by learned trial Court immediately.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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The bail application is allowed .

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It is made clear that the observations made hereinabove are only for the purpose of adjudicating the present bail application.

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Trial Court will take all endeavour to expedite the trial.

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Order Date :- 22.5.2025

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N. Sinha

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Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad

Amit v. State of U.P.

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Amit v. State of U.P.

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