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2025 DAILYLAW 45622 (ALL)

RAMADHAR v. STATE OF U.P.

BAIL/13192/2025 · 2025-05-13

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:78732 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13192 of 2025 Applicant :- Ramadhar 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 Kunwar Tejendra Bahadur, learned AGA for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 27 of 2025, under Sections 108 BNS, Police Station Ajeetmal, District Auraiya, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that however, applicant is named in the FIR alongwith two others but FIR is based on vague facts. 4. He further submitted that however, when the statement of the informant was recorded then she stated that as earlier her husband i.e. deceased lodged FIR against the son of the applicant, therefore, he alongwith other accused was pressurizing him to settle the score, therefore, he committed suicide but entire allegation levelled against the applicant is totally false and he never pressurized the deceased in any manner. 5. He further submitted that even if the allegations are accepted then also it cannot be said that due to the dispute of the applicant, deceased committed suicide. 6. He further submitted that applicant is having no criminal history and he is in jail in the present matter since 18.1.2025. 7. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments 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 per allegation due to the abetement of the applicant and others, deceased committed suicide but it appears FIR of the present case is based on vague facts. 10. Further, however, informant in her statement recorded during investigation stated that as earlier her husband i.e. deceased lodged a FIR against the son of the applicant and applicant and others pressurized him to settle the score, therefore, he committed suicide but this Court finds merit in the argument advanced by learned counsel for the applicant that even merely on this basis it cannot be said that due to the abatement of the applicant, deceased committed suicide. 11. Further, applicant is having no criminal history and he is in jail in the present matter since 18.1.2025. 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-Ramadhar, 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 :- 14.5.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad