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Neutral Citation No. - 2025:AHC:36939 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8727 of 2025 Applicant :- Sandeep Opposite Party :- State of U.P. Counsel for Applicant :- Vijay Bahadur Shivhare Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
1. Heard Sri Vijay Bahadur Shivhare, learned counsel for the applicant and Sri Shatrughan Yadav, learned AGA for the State- respondent.
2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 497 of 2024, under Section 108 BNS, Police Station Rath, District Hamirpur, during pendency of the trial in the court below.
3. Learned counsel for the applicant submitted that as per allegation, due to the abetement of the applicant, daughter of the informant aged about 21 years committed suicide but entire allegations levelled against the applicant is totally false.
4. He further submitted that actually applicant and deceased both were having love affair but thereafter their relationship become strain and if, after break-up deceased committed suicide then it can not be said that due to the abetement of the applicant, she committed suicide.
5. He further submitted that however, in the FIR there is allegation that deceased also became pregnant with the applicant but from page-56 of the paper book which is pracha of the case diary, it reflects that deceased was never pregnant.
6. He further submitted that except the bald and verbal allegation of abetement, there is no other evidence against the applicant on record.
7. He further submitted that applicant is having no criminal history and he is in jail in the present matter since 27.11.2024.
8. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments on facts advanced by 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 was having love affair with the deceased and due to their relationship, she also become pregnant and thereafter, she committed suicide but from page-56 of the paper book, it reflects that deceased was never pregnant.
11. Further, this Court finds merit in the argument advanced by
learned counsel for the applicant that if applicant and deceased were having love affair and subsequently their relationship became strain and deceased subsequently, committed suicide then it cannot be said that due to the abetement of the applicant, she committed suicide.
12. Further, applicant is not having any previous criminal history and in the present matter, applicant is in jail since 27.11.2024.
13. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail.
14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.
15. Let the applicant-Sandeep, 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.
16. 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.
17. 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 :- 17.3.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad