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2025 DAILYLAW 44991 (ALL)

LALU v. STATE OF U.P.

BAIL/12989/2025 · 2025-05-05

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:72995 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12989 of 2025 Applicant :- Lalu Opposite Party :- State of U.P. Counsel for Applicant :- Rajeev Malviya Counsel for Opposite Party :- G.A.,Jitendra Kumar Hon'ble Sameer Jain,J. 1. Heard Sri Rajeev Malviya, learned counsel for the applicant, Sri Jitendra Kumar, learned counsel for the informant and Sri B.P. 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. 150 of 2024, under Section 108 B.N.S., Police Station Nagla Kangar, District Firozabad during pendency of the trial. 3. Learned counsel for the applicant submits, however, applicant is husband of the deceased and as per allegation he used to torture his wife due to want of dowry and due to that reason she committed suicide but entire allegation leveled against the applicant is totally false. 4. He further submits, actually deceased kept her entire jewellery in her paternal home and due to this reason very often dispute arose between husband and wife and only due to this dispute she committed suicide, therefore, it cannot be said that due to the abetment of the applicant deceased committed suicide. 5. He further submits, from the statement of independent witness Ashok also it reflects, there was dispute between husband and wife with regard to jewellery. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 06.01.2025. 6. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted, applicant is husband of the deceased and as per allegation he used to torture her for demand of dowry, therefore, she committed suicide but they could not dispute the fact that even as per the statement of independent witness Ashok some dispute arose between husband and wife due to jewellery. 7. I have heard learned counsel for the parties and perused the record of the case. 8. However, applicant is husband of the deceased and as per allegation due to the abetment of the applicant deceased committed suicide and it is also case of the prosecution that applicant used to torture the deceased for want of dowry but as per learned counsel for the applicant deceased i.e. wife of the applicant kept her entire jewellery in her paternal home and due to this reason dispute arose between husband and wife. The defence taken by the applicant cannot be ruled out at this stage considering the statement of independent witness Ashok. 9. Further, applicant is not having any criminal history and in the present matter he is in jail since 06.01.2025. 10. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 11. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 12. Let the applicant - Lalu 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. 13. 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. 14. 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 :- 6.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad