Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:29390 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7342 of 2025 Applicant :- Lalit Opposite Party :- State of U.P. Counsel for Applicant :- Harishchandra Dubey,Ram Mohan Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
1. Heard Sri Harishchandra Dubey, learned counsel for the applicant and Sri Vijay Bahadur Maurya, learned AGA for the State-respondent. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.105 of 2024, under Sections 115 (2), 126(2), 131, 352, 351(2), 108 of BNS, Police Station Barnahal, District Mainpuri during pendency of the trial. 3. FIR of the present case was lodged on 26.09.2024 against the applicant and one another and according to the FIR on 25.09.2024 on the way applicant along with co-accused obstructed the daughter of the informant and when she resisted then they abused her and beaten her. 4. Learned counsel for the applicant submits, initially FIR of the present case was lodged under Sections 115 (2), 126(2), 131, 352 and 351(2) of BNS but when after one and half months daughter of the informant committed suicide then she moved an application that due to the incident dated 25.09.2024 she committed suicide and thereafter section 108 BNS has been added. 5. He further submits, there is absolutely no cogent evidence of abetement against the applicant on record. 6. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 06.01.2025. 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, as per allegation on 25.09.2024 applicant along with others beaten the daughter of the informant and abused her and due to this reason she committed suicide on 08.11.2024 but considering the nature of allegation and facts of the case at this stage it cannot be said that due to the incident dated 25.09.2024 deceased committed suicide and considering this fact the argument advanced by learned counsel for the applicant that there is no cogent evidence of abetement against the applicant on record cannot be ruled out at this stage. 10.
10. Further, applicant is not having any criminal history and in the present matter he is in jail since 06.01.2025. 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 -Lalit 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 :- 3.3.2025 Neeraj Digitally signed by :- NEERAJ KUMAR SINGH High Court of Judicature at Allahabad