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2025 DAILYLAW 31772 (ALL)

SUNDER LAL v. STATE OF U.P.

BAIL/9578/2024 · 2025-07-15

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:114990 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9578 of 2024 Applicant :- Sunder Lal Opposite Party :- State of U.P. Counsel for Applicant :- A.C.Srivastava,Ankit Agarval,Ashish Tyagi,Atul Srivastava Counsel for Opposite Party :- G.A.,Jawahir Yadav Hon'ble Krishan Pahal,J. 1. List has been revised. Supplementary affidavit filed by learned counsel for the applicant today is taken on record. 2. Heard Sri Ravindra Pratap Singh, learned counsel appearing on behalf of the applicant and Sri Jawahir Yadav, learned counsel for the informant as well as Sri Rajendra Prasad Singh, learned State Law Officer and perused the record. 3. Applicant seeks bail in Case Crime No. 680 of 2023, under Sections 498A, 304B IPC and Section 3/4 of D.P. Act, Police Station Tronica City, District Ghaziabad, 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 applicant is the father-in-law of the deceased person. 5. Learned counsel has next stated that the informant, who has been examined as PW-1, has deposed against the applicant during his examination-in-chief but has resiled during his cross- examination undertaken five days after his examination-in-chief, as such his evidence has no evidentiary value. The other two witnesses i.e. PW-2 and PW-3 have been examined in the court during trial and they have also not supported the prosecution story and completely resiled from their earlier statements. There is no likelihood of conviction of the applicant in the present case. 6. There is no criminal history of the applicant. The applicant is languishing in jail since 27.11.2023 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Per contra, learned State Law Officer and learned counsel for the informant have vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and taking into consideration the fact that PW-2 and PW-3 have not supported the prosecution story, I find it a fit case to release the applicant on bail. The bail application is allowed. 9. Let the applicant- Sunder Lal, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. i) The applicant shall not tamper with the evidence during trial. ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. iii) The applicant shall appear before the trial court on the date fixed. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 16.7.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad