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Neutral Citation No. - 2025:AHC:76950 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13838 of 2025 Applicant :- Santpriay Gautam @ Sant Lal Opposite Party :- State of U.P. Counsel for Applicant :- Devendra Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
1. Heard Sri D.K. Mishra, learned counsel for the applicant and Sri S.B. 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. 44 of 2025, under Sections 115(2), 108, 238(b), 191(2) B.N.S., Police Station Gangiri, District Aligarh during pendency of the trial. 3. Learned counsel for the applicant submits, applicant is Jeth of the deceased and as per allegation he along with his family members used to torture her for demand of dowry and due to that reason deceased committed suicide but entire allegation leveled against the applicant is totally false. 4. He further submits, except the bald and verbal allegation of abetment there is no cogent evidence against the applicant on record. 5. He further submits, actually younger brother of the applicant i.e. husband of the deceased was suffering from Tuberculosis and due to this reason deceased was under depression and only due to this reason she committed suicide. 6. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 01.03.2025. 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 per allegation applicant is the Jeth of the deceased and he along with his family members tortured the deceased for
demand of dowry, therefore, deceased committed suicide but it reflects, except the bald and verbal allegation of abetment there is no cogent evidence in this regard on record. 10. Further, the argument advanced by learned counsel for the applicant with regard to suicide committed by the deceased cannot be ruled out at this stage. 11. Further, applicant is not having any criminal history and in the present matter he is in jail since 01.03.2025. 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 - Santpriay Gautam @ Sant Lal 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 :- 12.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad