Neutral Citation No. - 2025:AHC:31944 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7587 of 2025 Applicant :- Mithlesh Chandra Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Shailesh Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed today on behalf of the applicant is taken on record. 2. Sri D.D. Gupta, learned Advocate filed his power on behalf of the informant today in the Court, which is taken on record. 3. Heard Sri Shailesh Kumar Yadav, learned counsel for the applicant, Sri D.D. Gupta, learned counsel for the informant and Sri Rajeev Dhar Dwivedi, learned AGA for the State. 4. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 246 of 2012 (S.T. No.203 of 2012), under Sections 498A, 304B, 302/34 IPC and Section 4 of D.P. Act, Police Station Bankata, District Deoria during pendency of the trial. 5. Learned counsel for the applicant submits, applicant is Jeth of the deceased and on the basis of false allegation, he has been made accused in the FIR of present case but during investigation his complicity was found false and no charge-sheet was filed against him but on the basis of statements of witnesses he was summoned under Section 319 Cr.P.C. in the year 2014. 6. He further submits, when applicant challenged the order passed under Section 319 Cr.P.C. in Criminal Revision No. 1944 of 2014 then this Court on 16.07.2014 stayed the operation of the summoning order passed against the applicant and the operation of the order was stayed till the year 2017 but unfortunately in the year 2017 due to none presence of the counsel for the applicant stay order was vacated. 7. He next submits, however, stay order was vacated in the year 2017 but applicant could not receive any information in this regard and when he came to know this fact, then he immediately surrendered before the court concerned on 08.01.2025 and since then he is in jail. 8. He further submits, there is no evidence against the applicant and even all the family members of the applicant including husband of the deceased have already been released on bail. He further submits, applicant is not having any criminal history. 9. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 10. I have heard learned counsel for the parties and perused the record of the case. 11. However, it reflects, it is a case of the year 2012 but record also suggests that during investigation complicity of the applicant was found false and no charge-sheet was filed against him and thereafter he was summoned in the present matter with the aid of Section 319 Cr.P.C. in the year 2014 and after that summoning order passed against him was stayed by this Court when applicant challenged the summoning order before it. 12. Record further suggests, however, in the year 2017 due to none presence of counsel for the applicant, the stay order granted earlier was vacated but as per counsel for the applicant, applicant could not receive any information in this regard. The submission advanced by learned counsel for the applicant, cannot be ruled out and considering all these facts, it cannot be said that applicant is an absconder. Further, applicant is Jeth of deceased and even husband of deceased has already enlarged on bail. 13. Further, applicant is not having any criminal history and in the present matter he is in jail since 08.01.2025. 14. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 15. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 16. Let the applicant - Mithlesh Chandra Gupta 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. 17. 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. 18. 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 :- 5.3.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad