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2025 DAILYLAW 135171 (ALL)

SUBHASH v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO.

BAIL/3419/2025 · 2025-04-23

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:22958 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3419 of 2025 Applicant :- Subhash Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. Counsel for Applicant :- Manoj Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Manoj Kumar Singh, learned counsel for the applicant, Ms. Shikha Sinha, 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. 23 of 2025, under Section 108 B.N.S., registered at Police Station Payagpur, District Bahraich. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 20.01.2025 stating that the informant's husband had committed suicide by hanging himself in his room on 31.12.2024. On 12.01.2025 the informant got a suicide note in which the applicant was made responsible for suicide. The deceased had left two suicide notes. One of the notes is addressed to Chief Minister stating that the applicant and the owner of the Maurya Factory are responsible for the deceased's suicide who had taken Rs.10,00,000/- from him between November, 2023 and February, 2024 and were not repaying his money. In the other suicide note the victim stated that the applicant is responsible for his suicide and for the poor condition of his family. It is due to the applicant that his otherwise happy family got perished. 4. In the statement of the informant recorded under Section 161 Cr.P.C. she stated that her husband had committed suicide on 31.12.2024 and she got a suicide note from the pocket of the jacket of her husband on 13.01.2025 in which her husband has stated that the applicant was responsible for his suicide. In the additional statement of the informant she stated that she found another suicide note on 11.02.2025. 5. In the affidavit filed in support of bail application it has been stated that the applicant is innocent and he has been falsely implicated in the present case. The applicant's involvement in another case has been disclosed by filing a supplementary affidavit in which he has already been granted anticipatory bail. 6. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail and he has submitted that the deceased has left two suicide notes unequivocally implicating the applicant and the investigation of the case is still going on. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the deceased has merely stated in the suicide note that the applicant had taken money and was not refunding the same; that there is no material to show that the deceased had taken any steps for recovery of money in accordance with law and there is no averment that the applicant had abetted the deceased to commit suicide coupled with the fact that the applicant is languishing in jail since 19.02.2025 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-Subhash 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 :- 23.4.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench