Raj Kumar Vs State of U.P.

Neutral Citation No. - 2025:AHC:115938

Court No. - 65

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19680 of 2025

Applicant :- Raj Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Binod Kumar Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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List has been revised. Supplementary affidavit filed today by the learned counsel for the applicant is taken on record.

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Heard Sri Binod Kumar Tripathi, learned counsel for the applicant and Sri Anit Kumar Shukla, learned A.G.A. for the State and also perused the material placed on record.

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Applicant seeks bail in Case Crime No. 440 of 2024, under Sections 80(2), 85 of BNS and Sections 3/4 of Dowry Prohibition Act, Police Station - Kotwali Dehat, District - Etah, during the pendency of trial.

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As per prosecution story, the marriage of the applicant was solemnized with the niece of the informant as per Hindu Rites 10.05.2024. The applicant and other family members are stated to have subjected her to cruelty for a demand of Rs. 2 lakhs and a motorcycle as dowry thereby leading her to death on 18.11.2024 at about 05:00 AM.

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Learned counsel for the applicant has argued that the applicant is innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. The FIR is delayed by more than three days and there is no explanation of the said delay caused.

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Learned counsel has also stated that there are general and omnibus allegations against all the accused persons. The inquest report of the deceased person was prepared on 18.11.2024 and the family members of the informant were present at that time and they have not whispered a single word against the applicant or his family members, as such, it is a clear cut case of false implication. The FIR itself has been lodged as an afterthought.

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Learned counsel has next contended that the cause of death of deceased has been found to be asphyxia as a result of ante-mortem hanging. The applicant is languishing in jail since 27.11.2024 having no criminal history to his credit. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial.

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Per contra, learned AGA has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, delay in lodging the FIR and also considering the fact that the family members of the informant were present at the time of inquest proceedings and they have not whispered a single word against the applicant at that time coupled by the fact that the cause of death of deceased has been found to be asphyxia as a result of ante-mortem hanging, I find it a fit case to release the applicant on bail. The bail application is allowed .

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Let the applicant- Raj Kumar , 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.

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i) The applicant will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses.

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iii) The applicant will appear before the trial court on the date fixed.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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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.

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Order Date:- 17.7.2025 Siddhant

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(Justice Krishan Pahal)

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Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad

Raj Kumar v. State of U.P.

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Raj Kumar v. State of U.P.

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