SUSHIL @ SUSHIL YADAV v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO.
BAIL/7035/2025 · 2025-09-04
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 155114 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 155114 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 7035 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State of U.P. and perused the record. 2. The present bail application has been filed on behalf of the applicant in Case Crime No.0039 of 2025 under Sections 85, 80(2) BNS and Section 3/4 of DP Act, Police Station- Sohramau, District- Unnao, with the prayer to enlarge him on bail. 3. Learned counsel for the applicant submitted that the applicant is an innocent person and has been falsely implicated in the present case and he is in jail since 16.03.2025. He further submitted that the marriage of son of applicant was solemnized with the daughter of complainant and they were enjoying their married life. Thereafter, due to some misunderstanding, quarrel had taken place between them, as a result, daughter of complainant committed suicide. Cause of death of the deceased is asphyxia due to ante mortem hanging. The information of the alleged incident was given to the complainant and other family members. Thereafter, due to annoyance, FIR of case in question was lodged on the basis of incorrect facts. It is next submitted that the co-accused Sangeeta has already been granted bail by a coordinate bench of this Court vide order dated 11.6.2025 passed in Criminal Misc. Bail Application No. 5219 of
2025. Hence, the present applicant claims parity. Versus Counsel for Applicant(s) : Dheerendra Singh Counsel for Opposite Party(s) : G.A. Sushil @ Sushil Yadav .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. .....Opposite Party(s)
4. It is further submitted that charge sheet in the case has already been filed and there is no possibility of tampering of evidences and the applicant is ready to cooperate in the trial proceeding. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail. 5. Learned A.G.A. has opposed the prayer of the applicant for grant of bail and submitted that due to victimization caused by the applicant and other family members, the victim took her life. Therefore, he is not entitled for the bail. 6.
Considering the rival submissions of learned counsel for parties, material available on record, contents of the F.I.R., the bail order of the co-accused Sangeeta, other relevant documents as well as totality of fact and circumstances, it is evident that the applicant is father-in-law of the deceased and quarrel was taken place between daughter of complainant (deceased) and her husband, thereafter, she committed suicide. Thus, I am of the view that the applicant is entitled to be released on bail on the ground of parity. 7. Let applicant- Sushil @ Sushil Yadav be released on bail in aforesaid Case Crime on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) The applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. BAIL No. 7035 of 2025 2
(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him in accordance with law.
(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 B.N.S.S. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of B.N.S. September 4, 2025 Shravan BAIL No. 7035 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench