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2025 DAILYLAW 27054 (ALL)

VIKASH MEENA v. STATE OF U.P.

BAIL/8165/2025 · 2025-03-23

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:43213 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8165 of 2025 Applicant :- Vikash Meena Opposite Party :- State of U.P. Counsel for Applicant :- Bharat Singh Pal,Shivangi Tripathi Counsel for Opposite Party :- Anil Kumar,G.A. Hon'ble Sameer Jain,J. 1. Sri Sayujya Singh, learned Advocate, filed his power on behalf of informant, which is taken on record. 2. Heard Sri Bharat Singh Pal, learned counsel for the applicant, Sri Sayujya Singh, learned counsel for the informant and Sri Ghanshyam Mishra, learned brief holder for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 154 of 2023, under Section 306 IPC & 3/4 D.P. Act, Police Station- Ughaiti, District- Budaun, during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that as per allegation, marriage of the daughter of the informant was settled with the applicant but before 20 days of her marriage, he refused to perform marriage with her and after 133 days, she committed suicide, therefore, as per allegation, due to abatement of the applicant, deceased committed suicide but entire allegations levelled against the applicant are totally false. 5. He further submitted that admittedly, deceased committed suicide after 133 days from the date of refusal to perform marriage by the applicant and, therefore, it cannot be said that due to abatement of the applicant, deceased committed suicide. He further submitted that absolutely there is no evidence of abatement against applicant on record. 6. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 18.01.2024 i.e. for last more than a year. 7. Per contra, learned AGA as well as learned counsel for the informant however, opposed the prayer for bail but 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. Considering the nature of allegation levelled against the applicant, the argument advanced by learned counsel for the applicant that there is no evidence of abatement against the applicant, cannot be completely ruled out at this stage. Further, law is settled, unless proven guilty an accused is deemed to be innocent and bail application of an accused should not be dismissed for punitive purpose. 10. Further, applicant is not having any criminal history and he is in jail in the present matter since 18.01.2024 i.e. for last more than a year. 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- Vikash Meena 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 :- 24.3.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad