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2025 DAILYLAW 41593 (ALL)

BHUPENDRA PATEL ALIAS PAHADI v. STATE OF U.P.

BAIL/12370/2025 · 2025-05-06

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:73648 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12370 of 2025 Applicant :- Bhupendra Patel Alias Pahadi Opposite Party :- State of U.P. Counsel for Applicant :- Nageshwar Singh,Rajiv Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Rajiv Dwivedi, learned counsel for the applicant and Sri Suresh Bahadur Singh, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 23 of 2025, under Section 105 B.N.S., Police Station Meja, District Prayagraj during pendency of the trial. 3. Learned counsel for the applicant submits, however, as per allegation applicant and his father illegally installed the electric wire in their field due to which cousin sister of the informant died but entire allegation leveled against the applicant is totally false. He further submits, as deceased died due to electrocution, therefore, prima facie it appears to be a case of accidental death. 4. He further submits, whether electric wire installed by the applicant and his father was illegally installed can only be ascertained during trial. 5. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 11.01.2025. 6. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 7. I have heard learned counsel for the parties and perused the record of the case. 8. However, as per allegation applicant and his father illegally installed electric wire in their field due to which deceased died but considering the nature of allegation, it cannot be said that applicant and co-accused were having any intention to cause death of the deceased. 9. Further, even, at this stage, it cannot be said that deceased did not die accidental death. 10. Further, applicant is not having any criminal history and in the present matter he is in jail since 11.01.2025. 11. Further, law is settled that bail application should not be withheld for punitive purpose. 12. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant - Bhupendra Patel @ Pahadi 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 :- 7.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad