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2025 DAILYLAW 37609 (ALL)

RAMRAJ v. STATE OF U.P.

BAIL/11868/2025 · 2025-05-21

Sameer Jain

Transfer Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:88443 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11868 of 2025 Applicant :- Ramraj Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Pal Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed on behalf of the applicant is taken on record. 2. Heard Sri Vikrant Pratap Singh, Advocate holding brief of Sri Ajay Kumar Pal, learned counsel for the applicant and Sri Santosh Nigam, 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.99 of 2024, under Sections 85, 108 B.N.S., Police Station- Mohabbatpur, District- Kaushambi, during pendency of the trial in the court below. 4. Learned counsel for the applicant submits that however, applicant is husband of the deceased and as per allegation made in the FIR, he committed the murder of his wife but during investigation when it was found that actually his wife committed suicide then case was converted under Section 108 B.N.S. 5. He further submits that there is absolutely no cogent evidence of abetment against the applicant on record. 6. He further submits that actually deceased was a short- tempered lady and due to which, matrimonial dispute arose between applicant and deceased and only due to matrimonial dispute, she committed suicide. 7. He further submits 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 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 and as per allegation due to abetment of the applicant, deceased committed suicide but considering the entire material available on record, the argument advanced by learned counsel for the applicant that there is no cogent evidence of abetment against the applicant on record, cannot be ruled out. 11. Further, applicant is having no criminal history and he is in jail in the present matter since 27.11.2024. 12. Therefore, considering the entire facts and circumstances of the case discussed above, in my view, applicant is entitled to be enlarged on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant- Ramraj 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. 15. 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. 16. 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