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2025 DAILYLAW 25118 (ALL)

LAXMAN v. STATE OF U.P.

BAIL/7441/2025 · 2025-03-03

Sameer Jain

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:30924 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7441 of 2025 Applicant :- Laxman Opposite Party :- State of U.P. Counsel for Applicant :- Pawankumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Pawan Kumar Dubey, learned counsel for the applicant and Sri Imran Khan, learned AGA, for the State. 2. The instant application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No. 536 of 2024, under Section 108 BNS, Police Station Powayan, District Shahjahanpur during pendency of the trial. 3. FIR of the present case was lodged on 17.8.2024 against the applicant and according to the FIR, daughter of the informant aged about 15 years was the student of High School and applicant tortured her for marriage on the way of her school and he also obtained her photographs along with him and due to torture of applicant on 15.7.2024 she committed suicide by hanging herself. 4. Learned counsel for the applicant submits that on the basis of false allegation applicant has been made accused in the present matter and this fact is even evident from the FIR which was lodged after more than one month from the date of alleged incident. 5. He further submits that however, as per allegation due to torture and pressure of the applicant daughter of the informant committed suicide but except bald and verbal allegation of torture there is no cogent evidence of abetment against the applicant on record. 6. He further submits that actually deceased and applicant were having friendship and applicant posted his some photographs along with the deceased on Instagram and only due to this reason her family members scolded her and due to their torture she committed suicide. 7. He further submits that applicant is hardly aged about 20 years old boy and he is not having previous criminal history and in the present matter he is in jail since 15.12.2024. 8. Per contra, learned AGA although opposed the prayer for bail but could not dispute the argument on facts advanced by the learned counsel for the applicant. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, as per allegation applicant used to torture the daughter of the informant aged about 15 years, therefore, she committed suicide but it appears that FIR of the present case was lodged after more than one month from the date of alleged incident and no plausible explanation has been given by informant in this regard. 11. Further, even from the entire material available on record it reflects that except bald and verbal allegation of torture, there is no other cogent evidence of abetment against the applicant on record. 12. Further, considering the fact that applicant has posted his photographs along with the deceased on his Instagram account, the argument advanced by the learned counsel for the applicant that applicant and deceased were having friendship and as applicant posted photos on Instagram, therefore, informant and his family members scolded her and due to pressure of informant and society she committed suicide, cannot be ruled out at this stage. 13. Further, applicant is not having any previous criminal history and in the present matter he is in jail since 15.12.2024. 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-Laxman 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 :- 4.3.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad