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Neutral Citation No. - 2025:AHC:84886 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12207 of 2025 Applicant :- Raj Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Ramesh Kumar Panday Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
1. Supplementary affidavit filed today on behalf of the applicant is taken on record. 2. Heard Sri Ramesh Kumar Pandey, learned counsel for the applicant and Sri Pradeep Kumar, learned AGA for the State. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 06 of 2025, under Section 108 B.N.S., Police Station Babhani, District Sonbhadra during pendency of the trial. 4. Learned counsel for the applicant submits, applicant was not named in the FIR but during investigation through the statement of father-in-law of the deceased he has been made accused in the present matter. He next submits, even from his statement it reflects, when applicant was apprehended from the room of the deceased then deceased committed suicide. 5. He further submits, merely on the basis of above facts, it cannot be said that due to the abetment of the applicant deceased committed suicide. 6. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 04.01.2025. 7. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, applicant was not named in the FIR but during
investigation he has been made accused in the present matter on the ground that he was having illicit relationship with the deceased and on the date of incident he caught red handed from her room and thereafter deceased committed suicide but considering the nature of allegation leveled against the applicant, the argument advanced by learned counsel for the applicant that prima facie there is no cogent evidence of abetment against the applicant cannot be ruled out at this stage. 10. Further, applicant is not having any criminal history and in the present matter he is in jail since 04.01.2025. 11. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 12.
Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicant - Raj 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. 14. 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. 15. 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 :- 20.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad