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Neutral Citation No. - 2025:AHC:113679 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43397 of 2024 Applicant :- Raghubar Chauhan Opposite Party :- State of U.P. Counsel for Applicant :- Narendra Nath Tripathi, Ram Dulare Chauhan,Ganesh Mani,Umesh Kumar Pal Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
1. List has been revised.
2. As per office report dated 14.07.2025, file of the instant bail application was misplaced and has been reconstructed and placed before this Court along with original supplementary affidavits.
3. Heard Sri Narendra Nath Tripathi assisted by Sri Ram Dulare Chauhan, learned counsel for the applicant, Sri Ashutosh Srivastava, learned A.G.A. for the State and perused the material placed on record.
4. Applicant seeks bail in Case Crime No. 117 of 2024, under Sections 498A, 323, 506, 304B I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station-Madhuban, District-Mau, during the pendency of trial.
5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The applicant is the father-in-law of the deceased persons and has nothing to do with the said offence. PW-1 to PW-5 have been examined during trial and they have completely resiled from their earlier statements and have been cross-examined by the public prosecutor after declaring them hostile. PW-6 has not supported the prosecution story. The case of the applicant as at a different footing to that of husband and there is no specific role assigned to the applicant.
6. It is further argued by learned counsel for the applicant that there is no likelihood of conviction of the applicant in the present case. There is one criminal antecedent of the applicant which has been explained. The applicant is languishing in jail since
17.05.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.
7. Per contra, learned A.G.A. has vehemently opposed the bail application but could not dispute the fact that there is no criminal history of the applicant and the witnesses have turned hostile.
8. Considering the facts and circumstances of the case,
submissions made by learned counsel for the parties, the evidence on record, and taking into consideration that witnesses of fact have turned hostile during trial, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
9. Let the applicant-Raghubar Chauhan, 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. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed.
10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
11. 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.
Order Date :- 14.7.2025 Karan (Justice Krishan Pahal) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad