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Neutral Citation No. - 2025:AHC:87384 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10078 of 2025 Applicant :- Amit Beldar Alias Amit Chauhan Opposite Party :- State of U.P. Counsel for Applicant :- R.C. Maurya Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
1. Supplementary affidavit filed on behalf of the applicant in the Court is taken on record. 2. Heard Sri R. C. Maurya, learned counsel for the applicant and Sri R. N. Srivastava, learned A.G.A. for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No.393 of 2024, under Sections 103(1), 238 BNS, 2023, Police Station- Kotwali Jalaun, District- Jalaun, during pendency of the trial in the court below. 4. Learned counsel for the applicant submits that however, applicant is husband of the deceased but FIR of the present case was lodged against unknown person and it is admitted case that applicant resided in Mumbai in the State of Maharashtra but he has been made accused in the present matter on the basis of information furnished by police informer. 5. He further submits that as per prosecution, wife of the applicant was living unchaste life and due to this reason, applicant alongwith her brother eliminated her but except confessional statement of the applicant and statement of the co-accused, there is no other cogent and admissible evidence against the applicant on record. 6. He further submits that even brother of the deceased namely Jitendra @ Jeetu Beldar has been released on bail by this Court vide order dated 12.05.2025 passed in Criminal Misc. Bail Application No.12880 of 2025 and on facts case of applicant is at par with him. 7. He further submits that applicant is having no criminal history and he is in jail in the present matter since 18.12.2024 i.e. for last
more than five months. 8. Per contra, learned AGA however opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 9. I have heard both the parties and perused the record of the case. 10.
However, applicant is husband of the deceased bu it reflects, he resided in Mumbai and he has been made accused in the present matter on the basis of information furnished by police informer and as per prosecution, as his wife used to live unchaste life, therefore, he alongwith her brother committed her murder but except confessional statement of the applicant and statement of the co-accused, there is no other cogent and admissible evidence against the applicant on record. 11. Further, brother of the deceased namely Jitendra @ Jeetu Beldar has been released on bail by this Court vide order dated
12.05.2025. 12. Further, applicant is having no criminal history and he is in jail in the present matter since 18.12.2024 i.e. for last more than five months. 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- Amit Beldar Alias Amit Chauhan 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 her 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 :- 22.5.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad