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2025 DAILYLAW 128511 (ALL)

JAMUNA PRASAD v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/2467/2025 · 2025-03-21

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:16417 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2467 of 2025 Applicant :- Jamuna Prasad Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Manoj Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Manoj Kumar Singh, learned counsel for the applicant, Shri Anant Pratap Singh, learned A.G.A. for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.19 of 2025, under Section 108 B.N.S. registered at Police Station- Fakharpur, District- Bahraich. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 17.01.2025 against the applicant and one Jamuna Prasad by the S.H.O. of the police station, stating that one Sarfuddin Siddiqui committed self immolation and in his statement, he said that the accused persons had entangled him in some case and they were threatening him for further entanglement. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. It has also been submitted on behalf of the applicant that the co- accused Manoj Kumar Verma has already been enlarged on bail by this court by means of an order dated 20.03.2025, passed in Criminal Misc. Bail Application No.2245 of 2025. 5. In the dying declaration of the victim, he stated that the accused persons were harassing him and for this reason he had committed self immolation. These persons had sent the victim to jail on an earlier occasion. 6. The applicant has lodged FIR No.372 of 2024 under Sections 353(2) B.N.S. at Police Station- Fakharpur District- Bahraich against the deceased Sarfuddin Siddiqui stating that he had put up a post on Facebook which may harm the communal harmony. After the investigation, a charge-sheet has been submitted in that case on 16.12.2024. 7. A copy of the postmortem has been brought on record alonwith the supplementary affidavit which shows that the victim died because of septicemia due to antemortem burn injury. 8. Learned A.G.A. and the learned counsel for the mother of the deceased has submitted that the victim committed self immolation because of harassment done by the applicant. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant had lodged a case against the victim; that the allegations levelled in the FIR were established during investigation and that is why a charge-sheet has been submitted against the victim, coupled with the fact that the co-accused person has been released on bail by this court, whereas the applicant is languishing in jail since 18.01.2025 and without making any observation which may affect the outcome of the trial, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 10. Accordingly, this bail application stands allowed. 11. Let the applicant-Jamuna Prasad be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court unless his appearance is exempted by learned trial court. . (Subhash Vidyarthi, J.) Order Date :- 21.3.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench