Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 129499 (ALL)

RAM MILAN v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO.

NABAIL/268/2025 · 2025-03-24

Subhash Vidyarthi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:16826 Court No. - 15 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 268 of 2025 Applicant :- Ram Milan Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. Counsel for Applicant :- Vineet Kumar Chaurasia Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Vineet Kumar Chaurasia, learned counsel for the applicant, Shri Anurag Verma, learned A.G.A.-I 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.0575 of 2024, under Section 108 B.N.S. registered at Police Station- Gosainganj, District- Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 24.12.2024 against the applicant, his wife and his son, stating that the informant's daughter was in a loving relationship with the informant's son- co-accused Sudesh. As the informant was unaware about this fact, he got his daughter married to some other person on 09.07.2024. However, the applicant's son persuaded the informant's daughter to leave her husband stating that he would marry her. The informant's daughter left her husband but thereafter the accused persons did not agree for her marriage with the applicant's son. Due to this reason, the informant's daughter committed suicide by hanging herself. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is an innocent person having no criminal history and he has been falsely implicated in the present case. 5. The learned A.G.A.-I has vehemently opposed the bail application. He submitted that the deceased had committed suicide because the applicant's son declined to marry her. He stated that the investigation is still in progress. 6. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that even as per the FIR allegations, the marriage of the deceased with her husband had not got dissolved and it appears that it was not legally permissible for the applicant's son to marry the deceased and that the applicant is having no criminal history, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on anticipatory bail in the aforesaid crime. 7. In view of the above, the anticipatory bail application of the applicant is allowed. 8. In the event of arrest/ appearance of applicant- Ram Milan before the learned Trial Court in the aforesaid case crime, he shall be released on anticipatory bail on his furnishing a personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court: (i) that the applicant shall make himself available for interrogation by a police officer as and when required; (ii) that the applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court. (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v) that the applicant shall not pressurize/ intimidate the prosecution witness. [Subhash Vidyarthi, J.] Order Date :- 24.3.2025 Gurpreet Singh Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad, Lucknow Bench