Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:70079 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12696 of 2025 Applicant :- Pramod Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Anand Pati Tiwari Counsel for Opposite Party :- Ansar Ahmad,G.A.,Sandhya Chaturvedi Hon'ble Sameer Jain,J.
1. Heard Sri Anand Pati Tiwari, learned counsel for the applicant; Sri Akram Advocate holding brief of Sri Ansar Ahmad, learned counsel for the informant and Sri Manav Chaurasia, learned AGA for the State-respondent.
2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 21 of 2025, under Sections 108 BNS, Police Station Fafund, District Auraiya, during pendency of the trial in the court below.
3. Learned counsel for the applicant submitted that as per allegation, applicant pressurized the deceased to perform marriage with him and therefore, deceased committed suicide but entire allegation levelled against him is totally false.
4. He further submitted that even if the allegations are accepted then also prima facie, it cannot be said that due to the abetement of the applicant, she committed suicide.
5. He further submitted that applicant is having no criminal history and he is in jail in the present matter since 25.1.2025.
6. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that applicant was married but in spite of that he pressurized the deceased to perform marriage with him and therefore, she committed suicide and therefore, it cannot be said that there is no evidence of abetement against him on record and therefore, considering the
facts and circumstances of the case, he should not be released on bail.
7. I have heard learned counsel for the parties and perused the
record of the case.
8. However, as per allegation applicant pressurized the deceased to perform marriage with him, therefore, she committed suicide but this Court finds merit in the arguments advanced by learned counsel for the applicant that even if these allegations are accepted then also, prima facie, at this stage, it cannot be said that due to the abetement of the applicant, deceased committed suicide. Further, applicant is having no criminal history and he is in jail in the present matter since 25.1.2025.
9. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail.
10. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.
11. Let the applicant-Pramod Kumar, 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.
12. 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.
13. 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 :- 2.5.2025/Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad