Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:145308 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44238 of 2024 Applicant :- Manoj Chaudhary Opposite Party :- State of U.P. Counsel for Applicant :- Arvind Singh,Pratibha Jaiswal Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Pratibha Jaiswal, learned counsel for the applicant, Sri Ashutosh Srivastava, learned A.G.A. for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.150 of 2023, under Sections 498A, 304B I.P.C. and 3/4 D.P. Act, Police Station Kon, District Sonbhadra, during the pendency of trial.
4. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. The FIR is delayed by about three days and there is no explanation to the said delay caused. It is further argued that only three witnesses have been examined during trial and there is no likelihood of early conclusion of trial.
5. Learned counsel for the applicant has further stated that the cause of death is asphyxia as a result of ante-mortem hanging. There is no criminal history of the applicant. The applicant is languishing in jail since 13.10.2023, as such, he is incarcerated for more than one year and ten months. Applicant is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.
6. Learned A.G.A. has vehemently opposed the bail application.
7. Considering the facts and circumstances of the case,
submissions made by learned counsel for the parties, the evidence on record, taking into consideration the fact that FIR is delayed be about three days and trial is moving at snail's pace, 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.
8. Let the applicant- Manoj Chaudhary, 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 pressurise/intimidate with the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed.
9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
10. 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 :- 22.8.2025 Karan (Justice Krishan Pahal) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad