High Court
Case Details
Neutral Citation No. - 2025:AHC:136951 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23374 of 2024
Legal Reasoning
14. In State of U.P. v. Amarmani Tripathi (2005) 8 SCC 21, it was opined by the Supreme Court that there is no strait jacket formula which can ever be prescribed as to what the relevant factors could be. However, certain important factors that are always considered, inter-alia, relate to prima facie involvement of the accused, nature and gravity of the charge, severity of the punishment, and the character, position and standing of the accused. 15. In Prahlad Singh Bhati vs. NCT of Delhi and Ors (2001) 4 SCC 280, the Supreme Court was of the opinion that it has to be kept in mind that for the purposes of granting the bail the Legislature has used the words "reasonable grounds for believing" instead of "the evidence" which means the court dealing with the grant of bail can only satisfy it as to whether there is a genuine case against the accused and that the prosecution will be able to produce prima facie evidence in support of the charge. 16. In Mahipal v. Rajesh Kumar, (2020) 2 SCC 118 and Ms. Y versus State of Rajasthan and Anr 2022 SCC OnLine SC 458, it was laid down by the Supreme Court that it is a fundamental premise of open justice, to which our judicial system is committed, that factors which have weighed in the mind of the Judge in the rejection or the grant of bail are recorded in the order passed. Open justice is premised on the notion that justice should not only be done, but should manifestly and undoubtedly be seen to be done. The duty of Judges to give reasoned decisions lies at the heart of this commitment. 17. In Manno Lal Jaiswal vs. The State of U.P. and Others 2022 SCC OnLine SC 89, the Supreme Court has observed "when the Accused were charged for the offences punishable under Section 149 of the Indian Penal Code also and when their presence has been established and it is stated that they were part of the unlawful assembly, the individual role and/or overt act by the individual Accused is not significant and/or relevant." 18. In Manoj Kumar Khokhar Vs. State of Rajasthan (2022) 3 SCC 501, it was made clear that the Court deciding a bail application cannot completely divorce its decision from material aspects of the case such as the allegations made against the accused; severity of the punishment if the allegations are proved beyond reasonable doubt and would result in a conviction; reasonable apprehension of the witnesses being influenced by the accused; tampering of the evidence; the frivolity in the case of the prosecution; criminal antecedents of the accused; and a prima facie satisfaction of the Court in support of the charge against the accused. The same view has been vent in Prasanta Kumar Sarkar vs. Ashis Chatterjee and Anr (2010)14 SCC 496; Ishwarji Mali vs. State of Gujarat and another, 2022 SCC OnLine SC 55; Mahipal vs. Rajesh Kumar, (2020) 2 SCC 118; Manno Lal Jaiswal vs. The State of U.P. and others, 2022 SCC OnLine SC 89; Ms. Y vs. State of Rajasthan and Anr 2022 SCC OnLine SC 458; and Deepak Yadav vs. State of U.P. and Anr. (2022)8 SCC 559. 19. Considering the facts and circumstances of the case, submissions advanced by learned counsel for the parties, the aforesaid judgements of Supreme Court and also considering the fact that it was the applicant, who had taken the deceased to the hospital meaning thereby she consumed the said poison within the precincts of the house of the applicant coupled by the fact that the trial is at a conclusive end as two witnesses have already been examined, I do not find it a fit case to release the applicant on bail. 20. The bail application is, accordingly, rejected. 21. 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. 22. 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:- 12.8.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad
Arguments
Applicant :- Amit Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Ganesh Shanker Srivastava,Sonu Nirmal Counsel for Opposite Party :- G.A.,Sunit Kumar,Yatish Kumar Dwivedi Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Sonu Nirmal, learned counsel for the applicant and Sri Sunit Kumar, learned counsel for the informant as well as Sri Ashutosh Srivastava, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 218 of 2023, under Sections 498-A, 304-B, 323, 504, 506, 316 of IPC and Sections 3/4 of Dowry Prohibition Act, Police Station - Kotwali Jalaun, District - Jalaun, during the pendency of trial. 4. As per prosecution story, the marriage of the applicant was solemnized with the daughter of the informant as per Hindu Rites on 19.06.2022. The applicant and other family members are stated to have subjected her to cruelty for demand of a motorcycle as dowry thereby assaulted her and sent her off to her maternal home on 11.06.2023. The applicant and other family members are stated to have reached the maternal house of the victim on 19.06.2023 the date of her anniversary, and taken her back to their house whereby she had expired on 21.06.2023. 5. 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 one day and there is no explanation of the said delay caused. 6. Learned counsel has also stated that the statement of the informant recorded u/s 161 Cr.P.C. is contradictory to the FIR whereby it is stated that the applicant and other family members had come to his house and had administered some poisonous material in the cake thereby the condition of his daughter deteriorated, as such, she was rushed to the hospital. She was discharged and taken back to her maternal house and even shown to a person, who was involved in the practice of exorcism but her condition could not improve. On 21.06.2023, the informant had left her daughter at the house of the applicant whereby the applicant had taken her to the hospital at Orai and there she had expired. 7. Learned counsel has further stated that the cause of death of deceased could not be ascertained, as such, her viscera was preserved. As per viscera report, aluminium phosphide has been found in it. The trial is moving at a snail's pace as only two witnesses have been examined to date. The applicant is languishing in jail since 24.06.2023, 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. 8. Per contra, learned AGA and learned counsel for the informant have vehemently opposed the bail application on the ground that it is not possible to poison any person that too by aluminium phosphide as it smells very pungent, as such, the entire story has been cooked up by the Investigating Officer in collusion with the applicant. 9. Learned AGA has further argued that the viscera report indicated the presence of aluminium phosphide and the deceased has expired within the precincts of the house of the applicant which is but evident from the medical report of Government Medical College, Jalaun whereby the deceased has admitted at 01:30 PM and has expired at 01:45 PM. There is a demand of dowry also, as such, the applicant is not entitled for bail. 10. This Court had called for a report regarding the status of trial and in compliance thereof, a report has been submitted by the Trial Court concerned dated 28.07.2025. As per the said report, two witnesses have been examined to date and the trial is going on. 11. The Supreme Court in case of X vs. State of Rajasthan & Anr. reported in 2024 INSC 909, has held that once the trial has commenced, it should be allowed to reach to its final conclusion, which may either result in conviction or acquittal of the accused. The bail should not be normally granted to the accused after the charge has been framed. It should also not be granted by looking into the discrepancies here or there in the deposition. 12. The Supreme Court in Ram Govind Upadhyay Vs Sudarshan Singh (2002) 3 SCC 598 and Neeru Yadav Vs State of U.P. (2016) 15 SCC 422 has categorically opined that the power to grant bail under Section 439 of CrPC, is of wide amplitude. The court is bestowed with considerable but not unfettered discretion, which calls for exercise in a judicious manner and not as a matter of course and not in whimsical manner. 13. In Gurcharan Singh v. State (Delhi Administration), (1978) 1 SCC 118, it was held by the Supreme Court that the considerations in granting bail are the nature and gravity of the circumstances in which the offence is committed; the position and the status of the accused with reference to the victim and the witnesses; the likelihood of the accused fleeing from justice; of repeating the offence; of jeopardising his own life being faced with a grim prospect of possible conviction in the case; of tampering with witnesses; the history of the case as well as of its investigation and other relevant grounds which, in view of so many valuable factors, cannot be exhaustively set out.