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Neutral Citation No. - 2025:AHC:21819 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40325 of 2024 Applicant :- Monu And Another Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
1. Heard Sri Sunil Kumar Tiwari, learned counsel for the applicants and Sri S.K. Nigam, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicants on bail in Case Crime No.0187 of 2024, under Section 306 IPC, Police Station Budhana, District Muzaffar Nagar during pendency of the trial. 3. Learned counsel for the applicants submits, applicants are the son of the deceased and on the basis of false allegations they have been made accused in the present matter along with others including the wife of applicant no.2 Ankur and there is no cogent evidence of abetement against them. 4. He further submits, after considering entire facts of the case, bail application of co-accused Smt. Soniya i.e. wife of applicant no.2 and daughter-in-law of deceased has been allowed by this court vide order dated 23.1.2025 passed in Criminal Misc. Bail Application No.40540 of 2024 and on facts case of applicants is at par with her. 5. He further submits, applicants are not having any criminal history and in the present matter they are in jail since 06.07.2024 i.e. for last more than six months. 6. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicants. 7. I have heard learned counsel for the parties and perused the record of the case. 8. However, as per allegation applicants who are the son of the deceased along with the wife of applicant no.2 Ankur made assault upon their father due to which he committed suicide but
it reflects after considering entire facts in detail, co-accused Smt. Soniya the wife of applicant no.2 and daughter-in-law of deceased has already been released on bail by this court. 9. Further, after perusing the entire material available on record the argument advanced by learned counsel for the applicants that there is no cogent evidence of abetement against the applicants cannot be ruled out at this stage. 10.
Further, applicants are not having any criminal history and they are in jail since 06.07.2024 i.e. for last more than six months. 11. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicants are entitled to be released on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicants - Monu and Ankur be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicants shall appear before the trial court on the dates fixed, unless their personal presence is exempted. (ii) The applicants shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the
facts of the case so as to dissuade him from disclosing such
facts to the Court or any police officer or tamper with the evidence. (iii) The applicants shall not indulge in any criminal and anti- social activity.
14. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicants.
15. 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 :- 14.2.2025/Neeraj Digitally signed by :- NEERAJ KUMAR SINGH High Court of Judicature at Allahabad