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Neutral Citation No. - 2025:AHC:30347 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4840 of 2025 Applicant :- Indrapal Kashyap @ Pappu Opposite Party :- State of U.P. Counsel for Applicant :- Prateek Srivastava,Vivek Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
1. Heard Sri Vivek Kumar Mishra, learned counsel for the applicant and Sri Vijay Bahadur Maurya, learned A.G.A. for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.850 of 2024, under Sections 115(2) and 108 B.N.S., Police Station Majhola, District Moradabad, during pendency of the trial. 3. Learned counsel for the applicant submits, applicant is father-in- law of the deceased and on the basis of false allegation that due to torture of the applicant and his family members including his wife i.e. mother-in-law of the deceased, deceased committed suicide, he has been made accused in the present matter. 4. He next submits after considering entire facts in detail co- accused Smt. Mithlesh, the mother-in-law of the deceased has already been released on bail by co-ordinate Bench of this Court vide order dated 12.12.2024 passed in Criminal Misc. Bail Application No. 40946 of 2024 and on facts case of applicant is at par with her. 5. He next submits even there is no cogent evidence with regard to the abetement against applicant on record. He next submits, it appears as even after several years of her marriage, deceased could not conceive therefore she committed suicide. 6. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 11.10.2024. 7. Per contra, learned AGA opposed the prayer for bail 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 father-in-law of the deceased and as per allegation he used to torture his daughter-in-law along with other family members including his wife i.e. mother-in-law of the deceased but mother-in-law of the deceased has already been released on bail by co-ordinate Bench of this Court.
Further, after considering entire material available on record, the argument advanced by learned counsel for the applicant that even there is no cogent evidence of abetement against the applicant on record cannot be ruled out at this stage. 10. Further, applicant is not having any criminal history and he is in jail since 11.10.2024. 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 - Indrapal Kashyap @ Pappu 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 :- 4.3.2025 Neeraj Digitally signed by :- NEERAJ KUMAR SINGH High Court of Judicature at Allahabad