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2025 DAILYLAW 45542 (ALL)

PANKAJ ALIAS SANDEEP v. STATE OF U.P.

BAIL/13096/2025 · 2025-05-12

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:77861 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13096 of 2025 Applicant :- Pankaj Alias Sandeep Opposite Party :- State of U.P. Counsel for Applicant :- Saurabh Pathak Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Saurabh Pathak, learned counsel for the applicant and Sri Imran Khan, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 487 of 2024, under Sections 108 B.N.S., Police Station Ajeetmal, District Auraiya during pendency of the trial. 3. Learned counsel for the applicant submits, however, as per allegation, applicant wanted to perform marriage with the daughter of the informant but due to family dispute their marriage could not be solemnized and thereafter he threatened his daughter and due to that reason, she committed suicide but entire allegation leveled against the applicant is totally false. 4. He further submits, actually applicant and deceased were having love affair but due to the resentment of the family members of the deceased their marriage could not be solemnized and due to this reason she committed suicide. 5. He further submits, however, entire allegation leveled against the applicant is totally false and even if the entire allegations are accepted then also 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 30.01.2025. 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, as pr allegation due to the abetment of the applicant deceased committed suicide but considering the nature of allegation leveled against the applicant, the argument advanced by learned counsel for the applicant that there is no cogent evidence of abetment, 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 30.01.2025. 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 - Pankaj @ Sandeep 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 :- 13.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad