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Neutral Citation No. - 2025:AHC:50021 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3341 of 2025 Applicant :- Pappu Opposite Party :- State of U.P. Counsel for Applicant :- Harsh Narayan Singh,Prashant Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
1. Heard Sri Prashant Kumar Singh, learned counsel for the applicant and Sri Ashutosh Singh, learned AGA for the State- respondent.
2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 348 of 2024, under Section 108 BNS, Police Station- Bisanda, District- Banda, during pendency of the trial in the court below.
3. Learned counsel for the applicant submitted that as per allegation, applicant lived with the deceased in live-in-relationship and due to his torture, she committed suicide but entire allegation levelled against the applicant is totally false.
4. He further submitted that actually when applicant was living with the deceased in live-in-relationship then some dispute arose between applicant and her and therefore, she committed suicide. He further submitted that there is no cogent evidence of abatement against the applicant on record.
5. He further submitted that however, apart from the present case, applicant is having criminal history of one another case but that case was lodged with regard to enticement of the deceased and in that case, charge sheet was filed only under Section 504, 506 IPC.
6. He further submitted that applicant is in jail in the present matter since 26.09.2024 i.e. for last more than six months.
7. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant.
8. I have heard learned counsel for the parties and perused the record of the case.
9. However, as per allegation, due to torture of applicant, deceased, who was living with him in live-in-relationship, committed suicide but considering the nature of allegation levelled against the applicant, this Court finds merit in the argument advanced by
learned counsel for the applicant that there is no cogent evidence of abatement against the applicant on record.
10. Further, considering the fact that deceased was living in live- in-relationship with the applicant, the reason of suicide given by
learned counsel for applicant during the course of argument cannot be completely ruled out at this stage.
11. Further, however, apart from the present case, applicant is having criminal history ofone another case but that case was lodged with regard to enticement of the deceased and in that case, charge sheet was filed only under Section 504, 506 IPC.
12. Further, applicant is in jail in the present matter since 26.09.2024 i.e. for last more than six months.
13. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail.
14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.
15. Let the applicant- Pappu 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 the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity.
16. In case of breach of any of the above condition, the
prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.
17. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.
Order Date :- 7.4.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad