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2025 DAILYLAW 200778 (ALL)

SANTOSH v. STATE OF U.P.

BAIL/32842/2025 · 2025-10-14

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32842 of 2025 Court No. - 64 HON'BLE VIVEK VARMA, J. 1. Heard counsel for the applicant, Sri Rajeev Kumar Singh Parmar, counsel for the informant and Sri Nagendra Mishra, learned AGA for the State- opposite party. Perused the material available on record. 2. The present bail application has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 142 of 2025, under Section 107 B.N.S., Police Station- Khudaganj, District- Shahjahanpur, during the pendency of the trial. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. According to the postmortem report, cause of death is asphyxia as a result of antemortem hanging. As per the allegations, the necessary ingredients to constitute the offence under Section 107 B.N.S. are not made out. The applicant, in no manner, abetted the commission of suicide by the deceased. The applicant has no criminal antecedents. The applicant is in jail since 12.7.2025 and in case, he is enlarged on bail, he will not misuse the said liberty. 4. Learned AGA and counsel for the informant have opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having heard counsel for the parties and having perused the record this Court prima facie finds that as per the allegations, the necessary ingredients to constitute the offence under Section 107 B.N.S. are not made out. Further, the applicant has no criminal antecedents and has remained confined for more than three months and after submission of the charge sheet there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on Versus Counsel for Applicant(s) : Padmaker Pandey Counsel for Opposite Party(s) : G.A., Rajeev Kumar Singh Parmar Santosh .....Applicant(s) State of U.P. .....Opposite Party(s) bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. 6. Let the applicant Santosh, involved in the aforesaid case crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that he: (i) shall appear on the date fixed by the trial court; (ii) shall not tamper with the prosecution evidence; (iii) shall not pressurize the prosecution witnesses. 7. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. October 15, 2025 Manish Kr BAIL No. 32842 of 2025 2 (Vivek Varma,J.) Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad