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2025 DAILYLAW 132782 (ALL)

SURJEET v. STATE OF U.P. THRU. SECY. HOME LKO.

BAIL/2964/2025 · 2025-04-09

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:19887 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2964 of 2025 Applicant :- Surjeet Opposite Party :- State Of U.P. Thru. Secy. Home Lko. Counsel for Applicant :- Manisha Trivedi Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Ms. Manisha Trivedi, the learned counsel for the applicant, Sri Anshuman Verma, learned Additional Government Advocate 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.106 of 2025, under Sections 74, 351(3), 108 I.P.C., registered at Police Station Mohammadpur Khala, District Barabanki. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 18.02.2025 alleging that the applicant used to harass the informant's daughter due to which reason she consumed paracot medicine. She was taken to a nursing home, where she was admitted for five days. She told during her treatment that a boy from the village was harassing and threatening her for the past several days for marrying her else he would commit suicide and implicate her family members. The victim was afraid for this reason and she attempted to commit suicide. 4. In the statement of the informant recorded under Section 180 BNSS he reiterated the F.I.R. version and further stated that his daughter had consumed some poisonous medicine on 13.02.2025. The statement of victim was recorded on 21.02.2025, wherein she stated that the applicant had asked to marry her else he would hang himself and implicate the victim and her family members. She further stated that the applicant had asked her to consume poison. The post mortem examination report mentions that the victim was brought dead to the District Hospital at about 6.28 p.m. on 27.02.2025 and the cause of death could not be ascertained and viscera has been preserved for examination. 5. In the affidavit filed in support of bail application it has been stated that the applicant is a young man aged 21 years, he is innocent, he has been falsely implicated in the present case and he has no criminal history. 6. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail and he has submitted that the investigation is still pending. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the victim had consumed poison in her home on 13.02.2025; that she was treated in some private hospital for few days and thereafter her dead body was taken to the district hospital on 27.02.2025 i.e. 14 days after the incident; that the victim herself had stated that the applicant was asking her to marry him and was threatening to commit suicide himself; that the applicant is a young man having no previous criminal history and he is languishing in jail since 06.03.2025 and without making any observation, which may affect the merits of the case, 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. 8. Accordingly, this bail application stands allowed. 9. Let the applicant-Surjeet 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 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 the learned trial court. (Subhash Vidyarthi, J.) Order Date :- 9.4.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench