Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:110321 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9609 of 2025 Applicant :- Ajay Opposite Party :- State of U.P. Counsel for Applicant :- Bharat Singh Counsel for Opposite Party :- G.A.,Rakesh Kumar Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Bharat Singh, learned counsel for the applicant, Sri Ashutosh Srivastava, learned A.G.A. for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No. 182 of 2024, under Sections 80(2), 351(3), 85 BNS and 3/4 D.P. Act, Police Station- Kaila Devi, District-Sambhal, during the pendency of trial.
4. As per prosecution story, the marriage of the deceased person was solemnized with the brother of the applicant as per Hindu Rites on 06.03.2024, and subsequent to it, the applicant and other family members are stated to have subjected the victim to cruelty for demand of Motorcycle and a Buffalo as dowry, thereby leading her to death on 16.11.2024 at about 4:00 PM.
5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence. The FIR is delayed by about five hours and there is no explanation of the said delay caused. There are general and omnibus allegations all the accused persons. The applicant is brother-in-law (Devar) of the deceased person and his case is at different footing than that of husband. It is true that cause of death is strangulation but applicant has nothing to do with the said offence. Applicant used to live separate to the family along with his parents, as such, he has been falsely implicated in the case.
6. It is further argued by learned counsel for the applicant that
there is no criminal antecedent of the applicant. The applicant is languishing in jail since 09.01.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.
7. Learned A.G.A. has vehemently opposed the bail application.
8. Considering the facts and circumstances of the case,
submissions made by learned counsel for the parties, the evidence on record, and taking into consideration the fact that there are general and omnibus allegations against all the accused persons coupled with the fact that the case of the applicant is at different footing than that of husband and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
9. Let the applicant-Ajay, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed.
10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
11. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
Order Date :- 10.7.2025 Karan (Justice Krishan Pahal) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad