BECHELAL @ BECHAI @ BECHU v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.
BAIL/282/2025 · 2025-01-10
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 116192 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 116192 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:1897 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 282 of 2025 Applicant :- Bechelal @ Bechai @ Bechu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Pawan Kumar Sharma Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record .
2. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in Case Crime No. 395 of 2024, under sections 80(2), 85 of B.N.S. (Bharti Nayay Sanhita) and Section 3/4 D.P. Act, P.S.- Kaiserganj, District - Lucknow.
3. The contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He submits that the applicant is the father-in-law and he was not present on the spot at the time of the alleged incident which is evident from the letter dated 08.11.2024 of the informant, the father of the deceased. Referring the aforesaid letter, he submits that the applicant along with the father of the deceased had went away to the field and once they returned back, the deceased had hanged her death. He also submits that the applicant has no previous criminal history and he is languishing in jail since 10.11.2024 and he undertakes that in case, he is granted bail, he will not misuse the liberty of the same and would
cooperate in the trial proceedings.
4. Per contra, learned AGA appearing for the State has opposed the
contentions aforesaid and submitted that the applicant is named in the F.I.R. and as such, he is not entitled to any relief. 5. Having heard learned counsels for the parties and after perusal of material placed on record, it transpires that the applicant is father-in-law and he was not present at the spot and there is no evidence of prompt instigation to commit suicide. He is languishing in jail since 10.11.2024 and coupled with the fact that the applicant has undertaken that in case, he is granted bail, he will not misuse the liberty of same and would cooperate in the trial proceedings. 6. Considering the submissions of learned counsels for the parties, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail. 7. Let the applicant- Bechelal @ Bechai @ Bechu involved in the aforementioned 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, with the following conditions:- (1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial; (2) The applicant shall file an undertaking to the effect that he shall
not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. He shall remain present before the trial court on each date fixed, either personally or through his counsel.
In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code; (3) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C.; and (4) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. [Shree Prakash Singh,J.]
Order Date :- 10.1.2025 KR Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench