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Neutral Citation No. - 2025:AHC:65017 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4105 of 2025 Applicant :- Gajendra Singh Opposite Party :- State of U.P. Counsel for Applicant :- Hare Krishna Tripathi Counsel for Opposite Party :- G.A.,Pranshu Dwivedi,Ram Prakash Dwivedi Hon'ble Sameer Jain,J.
1. Heard Sri Hare Krishna Tripathi, learned counsel for the applicant, Sri R.P. Dwivedi, learned counsel for the informant and Sri Imran Khan, learned AGA for the State.
2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 464 of 2024 (S.T. No. 854 of 2024), under Sections 115(2), 352, 351(2), 108, 86(a), 86(b) B.N.S. and Section 3/4 D.P. Act, Police Station Sihanigate, District Ghaziabad during pendency of the trial.
3. Learned counsel for the applicant submits, applicant is husband of the deceased and as per allegation he used to torture the deceased along with his family members and also raised suspicion upon her character and due to his behavior she committed suicide but entire allegation leveled against the applicant is totally false.
4. He further submits, actually some matrimonial dispute arose between husband and wife and this fact is even evident from page- 98 on-wards, which is chatting of husband and wife and it appears, due to matrimonial dispute she committed suicide. He further submits, even there is no cogent evidence of abetment against the applicant on record.
5. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 06.09.2024 i.e. for last more than six months.
6. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted, applicant is husband of the deceased and there is specific allegation that he used to torture his wife due to which she committed suicide,
therefore, he should not be released on bail.
7. I have heard learned counsel for the parties and perused the record of the case.
8. However, as per allegation due to the torture of applicant and his family members deceased committed suicide, who was his wife but considering the chatting of applicant and deceased, which has been annexed at page-98 on-wards, the argument advance by
learned counsel for the applicant that due to the matrimonial dispute arose between husband and wife and in the absence of the applicant deceased committed suicide, cannot be ruled out.
9. Further, applicant is not having any criminal history and in the present matter he is in jail since 06.09.2024 i.e. for last more than six months.
10. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail.
11. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.
12. Let the applicant - Gajendra Singh 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.
13. 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.
14. 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 :- 28.4.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad