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Neutral Citation No. - 2025:AHC:33601 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8207 of 2025 Applicant :- Bittu Alias Ram Opposite Party :- State of U.P. Counsel for Applicant :- Gorakh Yadav Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
1. Heard Sri Raj Kumar Mishra, learned Advocate holding brief of Sri Gorakh Yadav, learned counsel for the applicant and Sri Manoj Kumar Singh, learned brief holder for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 265 of 2024, under Section 306 IPC, Police Station- Surajpur, District- Gautam Buddha Nagar, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that applicant is friend of husband of the deceased but in spite of that he has been made accused in the present matter on the ground that he also used to torture the deceased along with his friend i.e. husband of the deceased. He further submitted that except the bald and verbal allegation of torture, there is no cogent evidence against the applicant on record. 4. He further submitted that however, entire allegation levelled against the applicant is totally false but even if allegations are accepted, then also it cannot be said that due to abatement of the applicant, deceased committed suicide. 5. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 29.01.2025. 6. 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. 7. I have heard learned counsel for the parties and perused the record of the case. 8. However, as per allegation, applicant is the friend of the husband of the deceased and due to their torture, deceased committed suicide but considering the nature of allegation levelled against the applicant, the argument advanced by learned counsel for the applicant that it cannot be said that due to abatement of applicant, deceased committed suicide, cannot be completely ruled out at this stage. 9. Further, applicant is not having any criminal history and he is in jail in the present matter since 29.01.2025. 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- Bittu Alias Ram 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 :- 7.3.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad