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Neutral Citation No. - 2025:AHC:110281 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7865 of 2025 Applicant :- Sufiyaan Opposite Party :- State of U.P. Counsel for Applicant :- Irshad Ahmad Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
1. List has been revised. 2. Heard Sri Ansar Ahmad, Advocate holding brief of Sri Irshad Ahmad, learned counsel for the applicant, Sri R.P. Patel, learned State Law Officer and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 491 of 2024, under Sections 85, 80(2) B.N.S. and Section 3/4 D.P. Act, Police Station- Chakeri Proorvi (Commissionerate Kanpur Nagar), District- Kanpur Nagar, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence. The FIR is delayed and there is no explanation of the said delay caused. There is statement of the sister of the deceased person who has stated that the applicant was drunkard and has come in inebriated state to his house whereby the husband-wife duo had an altercation and thereafter she has committed suicide, as such, the applicant has nothing to do with the said offence. Even the applicant cannot be held liable for abetment of suicide, as such, it is clear cut case of false implication. The cause of death is Asphyxia as a result of ante-mortem hanging. 5. It is further argued by learned counsel for the applicant that there is no criminal antecedent of the applicant. The applicant is languishing in jail since 21.09.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Learned A.G.A. has vehemently opposed the bail application on the ground that the FIR is prompt and the deceased had expired within the precincts of the house of the applicant, as such, the applicant is not entitled for bail. 7. After hearing learned counsel for the parties and considering the fact that the FIR is prompt coupled with the fact that deceased died within the precincts of the house of the applicant, I do not find it a fit case for grant of bail to the applicant. 8. The bail application is found devoid of merits and is, accordingly, rejected.
Order Date :- 10.7.2025 Karan (Justice Krishan Pahal) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad