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2025 DAILYLAW 112395 (ALL)

RAMESH CHAND v. STATE OF U.P.

BAIL/46524/2024 · 2025-02-10

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:18968 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46524 of 2024 Applicant :- Ramesh Chand Opposite Party :- State of U.P. Counsel for Applicant :- Dharam Singh,Kumari Poonam Rajpoot,Prem Babu Verma Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Ms. Anita Singh, learned Advocate holding brief of Sri Prem Babu Verma, learned counsel for the applicant and Sri Shatruhan Yadav, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 230 of 2024, under Sections 498A, 304B and 323 IPC and Section 3/4 D.P. Act, Police Station Anoopshahar, District Bulandshahar during pendency of the trial. 3. Learned counsel for the applicant submits, applicant is father-in- law of the deceased and on the basis of false allegation, he has been made accused in the present matter along with his family members including his wife and son i.e. mother-in-law and husband of the deceased and after considering the entire facts of the case, mother-in-law of the deceased has been released on bail by this Court and her bail order has been annexed at page-87 of the paper-book and on facts case of applicant is at par with her. 4. She further submits, there is no specific allegation against the applicant and deceased died due to hanging, therefore, prima facie, it appears to be a case of suicidal death. 5. She further submits, applicant is not having any criminal history and in the present matter he is in jail since 03.07.2024. 6. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 7. I have heard learned counsel for the parties and perused the record of the case. 8. Considering the argument advanced by learned counsel for the applicant and the fact that applicant is father-in-law of the deceased and deceased died due to hanging and mother-in-law of the deceased has already been released on bail and there is no specific allegation against the applicant and applicant is not having any criminal history and in the present matter he is in jail since 03.07.2024, in my view, applicant is entitled to be released on bail. 9. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 10. Let the applicant - Ramesh Chand 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. 11. 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. 12. 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 :- 10.2.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad