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2025 DAILYLAW 108729 (ALL)

PRASHANT v. STATE OF U.P.

BAIL/43575/2024 · 2025-02-23

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:26524 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43575 of 2024 Applicant :- Prashant Opposite Party :- State of U.P. Counsel for Applicant :- Ram Pravesh Yadav Counsel for Opposite Party :- G.A.,Rajendra Singh Yadav Hon'ble Sameer Jain,J. 1. Heard Shri Ram Pravesh Yadav, learned counsel for the applicant, Shri Brijesh Pratap Singh, learned AGA for the State- respondent and Shri Rajendra Singh Yadav, learned counsel for the informant. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.555 of 2024, under Sections 108, 352 B.N.S., Police Station Shikohabad, District Firozabad, during pendency of the trial in the court below. 3. FIR of the present case was lodged against applicant and according to the FIR, in the absence of the husband of the sister of the informant, applicant developed relationship with her and on 07.09.2024, he came at her house and started abusing her and due to his torture, sister of the informant committed suicide. 4. Learned counsel for the applicant submits that on the basis of false allegation, applicant has been made accused in the present matter. 5. He further submits that actually deceased, who was a married lady developed relationship with the applicant and only due to this reason, she committed suicide as she did not want to live her husband. 6. He further submits that however, there is allegation that applicant abuse and tortured the deceased on 07.09.2024 but there is no cogent evidence of abetment against the applicant. 7. He further submits that however applicant is having criminal history of one another case but that case relates to minor offences and he is in jail in the present matter since 26.09.2024. 8. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submit that applicant developed illicit relationship with the deceased, who was married lady and he was pressurizing her to leave her matrimonial home and only due to the torture and abetment of the applicant, she committed suicide, therefore, applicant should not be released on bail. 9. I have heard learned counsel for both the parties and perused the record of the case. 10. However, as per allegation, applicant was having relationship with the deceased, who was married lady and on the date of incident, he told her something in presence of her children and thereafter in the evening she committed suicide but considering the entire material available on record the submission advanced by learned counsel for the applicant that there is no cogent evidence of abetment against the applicant on record, cannot be ruled out at this stage. 11. Further, applicant is however having criminal history of one another case but that case relates to minor offences and he is in jail in the present matter since 26.09.2024. 12. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant- Prashant, 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 applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant 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 applicant 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 applicant. 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 :- 24.2.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad