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2025 DAILYLAW 102280 (ALL)

THAN SINGH v. STATE OF U.P.

BAIL/36430/2024 · 2025-02-07

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:18438 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36430 of 2024 Applicant :- Than Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Mishra,Kumar Ashutosh Srivastava,Nagendra Bahadur Singh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Counter affidavit filed today by learned AGA on behalf of the State is taken on record. Heard Sri A. K. Mishra, learned counsel for the applicant, Sri Arimardan Yadav, learned AGA for the State-Respondent and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Than Singh, seeking enlargement on bail in Case Crime No. 371 of 2024, under Sections 85, 115(2) 352, 109 of the Bharatiya Nyaya Sanhita, 2023, Police Station Didoli, District Amroha. Learned counsel for the applicant argued that the accused- applicant is innocent and he has been falsely implicated in this case crime number. He further submits that FIR has been lodged after the delay of 15 days of which no satisfactory explanation has been made. Learned counsel for the applicant further submits that the applicant is father-in-law and he is about 70 years old. The applicant is suffering from Asthmatic and no demand of dowry has been made by him. From the FIR version, it is apparent that the role of pouring kerosene oil and set the victim on fire has been assigned to the husband. He submits that only general allegation has been levelled in the FIR. The role of the applicant is distinguishable from the husband. The applicant is living separately from his younger son and he is nowhere involved in the present case. The applicant is languishing in jail since 28.08.2024. The applicant has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, the bail has been prayed for. Learned counsel for the informant as well as learned AGA has vehemently opposed, but could not dispute the fact that applicant has no criminal antecedents. Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima-facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Than Singh, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 7.2.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad