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2025 DAILYLAW 18315 (ALL)

DEVENDRA v. STATE OF U.P. AND ANOTHER

BAIL/4811/2025 · 2025-02-13

Ajay Bhanot

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:21644 Court No. - 5 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4811 of 2025 Applicant :- Devendra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Avaneesh Kumar Upadhyay,Virat Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Ajay Bhanot,J. Re: Criminal Misc. Amendment Application Heard. Amendment Application is allowed. Necessary amendment be carried out during the course of the day. Re: Order in Bail Application By means of the bail application the applicant has prayed to be enlarged on bail in Case Crime No. 24 of 2024 at Police Station- Matsena, District- Firozabad under Sections 306 I.P.C. The applicant is in jail since 17.12.2024. The bail application of the applicant was rejected by the learned trial court on 08.01.2025. The following arguments made by Shri Virat Pratap Singh, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Sri Chandan Agrawal, learned AGA-I from the record, entitle the applicant for grant of bail: 1. The deceased was a sensitive person who was prone to depression. 2. On the fateful day, he felt humiliated after an altercation with his friends. He went into a depression and committed suicide by hanging. 3. The applicant has been falsely nominated as he is a good friend of Raman. 4. The postmortem report opines the cause of death as asphyxia due to antemortem hanging. 5. Injuries depicted in the postmortem report consistent with hanging are: (i) Nature of ligature mark. (ii). The hyoid bone was intact. 6. The applicant did not aid or abet the suicide. 7. Prosecution evidence do not connect the applicant with the offence. 8. Learned counsel for the applicant seeks parity in relief granted to co-accused-Raman who has been enlarged on bail by this Court on 28.08.2024 in Criminal Misc. Bail Application No.25576 of 2024. 9. The applicant does not have any criminal history apart from this case. 10. The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to join the trial proceedings. There is no possibility of the applicant influencing witnesses, tampering with the evidence or reoffending. In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed. Let the applicant-Devendra be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:- (i) The applicant will not tamper with the evidence or influence any witness during the trial. (ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. The learned trial court is directed to fix the sureties after due application of mind in light of the judgement rendered by this Court in Arvind Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. (Application U/S 482 No.2613 of 2023). The learned trial court shall ensure that the right of bail of the applicant granted by this Court is not frustrated by arbitrary demands of sureties or onerous conditions which are unrelated to the socioeconomic status of the applicant. Order Date :- 14.2.2025 Vandit Digitally signed by :- VANDIT AGRAWAL High Court of Judicature at Allahabad Digitally signed by :- VANDIT AGRAWAL High Court of Judicature at Allahabad