Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 10526 (ALL)

JAY RATAN v. STATE OF U.P.

BAIL/2636/2025 · 2025-02-26

Ashutosh Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2636 of 2025 Applicant :- Jay Ratan Opposite Party :- State of U.P. Counsel for Applicant :- Rudra Pratap Singh,Sheshadri Trivedi,Sr. Advocate Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard learned counsel for the applicant, Shri Purushottam Maurya, learned AGA for the State-respondents and perused the record. 2. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant, Jay Ratan, seeking enlargement on bail in Case Crime No. 80 of 2024, under Sections 328, 498-A of the Indian Penal Code, Police Station Nagla Singhi, District Firozabad. 3. Learned counsel for the applicant argued that the accused- applicant is innocent; he and his family members have been falsely implicated in this very case crime number and is languishing in jail since 2.7.2024; applicant is the husband of the victim; the investigating officer has not recovered any bottle or medicine, which is said to have been given to Smt. Jay Mala as poison; in the F.I.R. as well as in the statement of the victim, general role of administering poison has been assigned to the applicant; there is no reason as to why Smt. Jay Mala was subjected to cruelty by whole family members of the applicant; the applicant is living with her husband in her maternal home at present; he 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, bail has been prayed for. 4. Learned AGA has vehemently opposed, but could not dispute the fact that applicant has no criminal antecedents. 5. 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. 6. Accordingly, the bail application is allowed. 7. Let the accused-applicant, Jay Ratan, 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: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. 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. 8. 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 :- 27.2.2025 VS Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad