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2025 DAILYLAW 135548 (ALL)

ROHIT v. STATE OF U.P. THRU. PRIN. SECY. HOME CIVIL SECTT. LKO

BAIL/3399/2025 · 2025-04-22

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:22838 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3399 of 2025 Applicant :- Rohit Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko Counsel for Applicant :- Sushil Pandey Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Akhil Anand, Advocate holding brief of Shri Sushil Pandey, learned counsel for the applicant, Shri Devesh Kumar, 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.530 of 2024 under Section 108 of B.N.S. registered at Police Station- Laharpur, District- Sitapur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 20.12.2024 against the applicant and his brother Harnam stating that the informant had lent some money to his brother Dharmendra. Dharmendra in turn had gave the money to his wife's family members. Dharmendra had repetitively asked refund of his amount of Rs.70,000/- but the accused persons did not return the money. Due to this reason, the informant's brother Dharmendra committed suicide by hanging in the house of her wife in the night of 18/19.12.2024. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 22 years having no criminal history and he has been falsely implicated in the present case. 5. The postmortem examination report mentions a ligature mark on the neck of the dead body with a gap of 6.5 cm and the cause of death has been opined to be Asphyxia due to ante-mortem hanging. 6. In the statement of the informant as well as the statement of the wife of the deceased, both of them reiterated the FIR version and both of them stated that the deceased committed suicide as the applicant and his brother of co-accused Harnam were not returning the money taken from the deceased. The applicant's mother had also gave a similar statement. 7. Learned A.G.A. has vehemently opposed the bail application and on the basis of written instructions, he has submitted that allegations have been established during investigation and a charge-sheet has been submitted on 03.02.2025. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that neither the FIR nor any of the statements recorded by the Investigating Officer merely this much has been stated that the applicant and his brother were not repaying the money taken from the deceased due to which he has committed suicide and there is no allegation that the accused persons have abated the deceased to commit suicide and that the applicant is a young man having no criminal history and he is languishing in jail since 23.12.2024 whereas the investigation already stands concluded, 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. 9. Accordingly, this bail application stands allowed. 10. Let the applicant 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. . [Subhash Vidyarthi, J.] Order Date :- 22.4.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench