Akash Vs State of U.P.

Neutral Citation No. - 2025:AHC:117008

Court No. - 65

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3247 of 2025

Applicant :- Akash Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Shahibe Alam,Pushpendra Singh 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 Pushpendra Singh, 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. 0073 of 2024, under Sections 498-A, 304-B, 323 of IPC and Sections 3/4 of Dowry Prohibition Act, Police Station - Ahar, District - Bulandshahr, during the pendency of trial.

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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 about one day 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 cause of death of deceased could not be ascertained, as such, her viscera was preserved. As per viscera report, no poisonous material has been found in it, as such, it is a clear cut case of natural death.

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Learned counsel has further stated that the ingredients of Section 304-B of IPC are not fulfilled as the cause of death of deceased could not be ascertained.

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Learned counsel has next contended that the applicant is languishing in jail since 08.06.2024, 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 no poisonous material has been found in the viscera of the deceased person coupled by the fact that the ingredients of Section 304-B of IPC also do not stand fulfilled, I find it a fit case to release the applicant on bail. The bail application is allowed .

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Let the applicant- Akash , 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:- 18.7.2025 Siddhant

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(Justice Krishan Pahal)

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

Akash v. State of U.P.

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Akash v. State of U.P.

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