Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:60756 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4374 of 2025 Applicant :- Pramod Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Ravindra Kumar Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
1. Supplementary affidavit filed by applicant is taken on record.
2. Heard Sri Vijay Bahadur, learned Advocate holding brief of Sri Ravindra Kumar, learned counsel for the applicant and Sri Rajeev Dhar Dwivedi, learned AGA for the State-respondent.
3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 259 of 2024, under Section 108 BNS, Police Station- Chandpa, District- Hathras, during pendency of the trial in the court below.
4. Learned counsel for the applicant submitted that however, applicant is husband of the deceased and as per allegation, due to his torture, deceased committed suicide but entire allegation levelled against the applicant is totally false.
5. He further submitted that actually some matrimonial dispute arose between husband and wife and thereafter, she committed suicide and this fact is evident from the statements of the children of the applicant and deceased, which have been annexed along with the instant bail application.
6. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 07.12.2024.
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, applicant is the husband of the deceased and as per allegation, due to his torture his wife i.e. deceased committed suicide but after considering the statements of the children of the applicant recorded during investigation, the argument advanced by
learned counsel for the applicant that only due to minor matrimonial dispute, deceased committed suicide, cannot be completely ruled out at this stage.
10. Further, applicant is not having any criminal history and he is in jail in the present matter since 07.12.2024.
11. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail.
12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.
13. Let the applicant- Pramod Kumar 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.
14. 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.
15. 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 :- 22.4.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad