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2025 DAILYLAW 158448 (ALL)

MATA PRASAD v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/7737/2025 · 2025-08-22

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:49500 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7737 of 2025 Applicant :- Mata Prasad Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Nisha Srivastava Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The accused-applicant seeks bail in Case Crime No.185 of 2025, under Seciton 108 BNS, Police Station Ram Nagar, District Barabanki. In the prosecution case, it is alleged that on 23.4.2025 at about 7:00 a.m., one Virendra, on hearing an alarm at the residence of the co-accused Geeta, found that the sister of the informant had been hanged. It is further alleged that the entire family of the in-laws of the deceased conspired and committed her murder by hanging. Learned counsel for the applicant submits that co-accused Geeta was residing in a house allotted in her name under the Pradhan Mantri Awas Yojna, which was situated outside the village. The applicant, who is the father-in-law of the deceased, has been falsely implicated and only general and sweeping allegations have been made against him in the prosecution case. He has no criminal antecedents. It is further submitted that co-accused Geeta, the mother-in-law of the deceased, has already been granted interim anticipatory bail by a coordinate Bench of this Court vide order dated 28.7.2025. The cause of death has been shown as asphyxia due to antemortem injuries. The charge-sheet in the present case has already been filed, and the applicant is languishing in jail since 25.4.2025. Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the facts mentioned above. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. On due consideration of the facts that the role assigned to the present applicant prima facie appears to be similar to that of co-accused Geeta; the post-mortem report and site plan; the general and sweeping allegations made in the prosecution case; coupled with the fact that the applicant has no criminal history and has been in jail since 25.4.2025, and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant Mata Prasad be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court below concerned with the 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. (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 under Section 229-A of the IPC (now Section 269 BNS). (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now Section 84 BNSS)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 174-A of the IPC (now Section 209 BNS). Order Date :- 22.8.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench