Dhananjay Dubey vs State of U.P.

Neutral Citation No. - 2025:AHC:118936

Court No. - 65

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3312 of 2025 Applicant :- Dhananjay Dubey Opposite Party :- State of U.P. Counsel for Applicant :- Ram Naresh Singh,Shive Datta Yadav 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 by learned counsel for the applicant today is taken on record.

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Heard Sri Ram Naresh Singh, learned counsel for the applicant and Sri Sunil Kumar, learned A.G.A. for the State and perused the record.

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Applicant seeks bail in Case Crime No. 291 of 2024, under Sections 80, 85, 238 of BNS and Section 3/4 of D.P. Act, Police Station Vishunpura, District Kushinagar, during the pendency of trial.

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As per prosecution story, marriage of the applicant was solemnized with the deceased person as per Hindu rites about four years before her death. The applicant and other family members are stated to have subjected her to cruelty for demand of one bullet motorcycle and a golden chain as dowry thereby led her to death.

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The informant went to the house of the applicant and did not find his daughter and after inquiring from the neighbourhood, it was revealed that the applicant and other co-accused persons had secretly conducted the last rites of the deceased person after putting her to death.

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Learned counsel for the applicant has argued that the applicant is absolutely 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 and there is no explanation of the said delay caused.

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Learned counsel has further stated that it was a natural death. The informant and his family members were present at the time of her last rites but instituted the FIR as an afterthought. The trial is not moving ahead as the charge in the instant case was framed on 07.12.2024 and not a single witness has been examined till date. The updated order sheet up to 11.07.2025 is annexed with the

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supplementary affidavit filed today.

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There is no criminal history of the applicant. The applicant is languishing in jail since 15.07.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.

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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 and taking into consideration the fact that time of offence is not known to the informant and also the trial is moving at snail's pace, I find it a fit case to release the applicant on bail. The bail application is allowed .

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Let the applicant- Dhananjay Dubey , 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 shall not tamper with the evidence during trial. ii) The applicant shall not pressurise/intimidate with the prosecution witnesses.

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iii) The applicant shall 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 :- 22.7.2025 Sumit S

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(Justice Krishan Pahal)

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Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad

Dhananjay Dubey v. State of U.P.

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Dhananjay Dubey v. State of U.P.

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