Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:24730 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2871 of 2025 Applicant :- Rahul Opposite Party :- State of U.P. Counsel for Applicant :- Shiv Bahadur Yadav Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
1. Supplementary affidavit filed by applicant is take on record. 2. Heard Sri Shiv Bahadur Yadav, learned counsel for the applicant and Sri Imran Khan, learned AGA for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 120 of 2024, under Section 107 BNS, Police Station- Lahchura, District- Jhansi, during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that however, as per allegation, due to torture of applicant and others, minor daughter of the informant committed suicide but except the bald and verbal allegation, there is no cogent evident of abatement against the applicant. 5. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 20.08.2024 i.e. for last six months. 6. Per contra, learned AGA however, 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. However, as per allegation, applicant used to torture the minor daughter of the informant due to which, she committed suicide but this Court finds merit in the argument advanced by learned counsel for the applicant that there is no cogent evidence of abatement against the applicant on record. 9. Further, applicant is not having any criminal history and he is in jail in the present matter since 20.08.2024 i.e. for last six months. 10. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 11. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. Let the applicant- Rahul 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. 12. 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. 13. 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 :- 20.2.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad