Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 48245 (ALL)

BECHAYI v. STATE OF U.P.

BAIL/14197/2025 · 2025-05-26

Sameer Jain

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:90829 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14197 of 2025 Applicant :- Bechayi Opposite Party :- State of U.P. Counsel for Applicant :- Mahesh Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Mahesh Kumar Shukla, learned counsel for the applicant and Sri Imran Khan, learned AGA, for the State. 2. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.219 of 2024, under Sections 108 and 238 BNS, Police Station Kotwali Dehat, District Mirzapur during pendency of the trial. 3. Learned counsel for the applicant submits that however, applicant is father-in-law of the deceased and as per allegation due to abetment of the applicant and his family members deceased committed suicide but entire allegation levelled against the applicant is totally false. 4. He further submits that even from the FIR it reflects that it is based on vague allegation of abetment and torture. 5. He further submits that actually some dispute arose between husband and wife and thereafter by hanging herself she committed suicide and only being father-in-law of the deceased, applicant has been made accused in the present matter. 6. He further submits that applicant is not having any previous criminal history and in the present matter he is in jail since 18.10.2024, i.e., for the last more than seven months. 7. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by the learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, applicant is the father-in-law of the deceased and as per allegation due to abetment of the applicant and his family members deceased committed suicide but it reflects that FIR is based on vague allegation of torture. 10. Further, there is no specific allegation against the applicant and reason of suicide disclosed by learned counsel for the applicant during the course of argument cannot be completely brushed aside at this stage. 11. Further, applicant is not having any previous criminal history and in the present matter he is in jail since 18.10.2024, i.e., for the last more than seven months. 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-Bechayi 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 :- 27.5.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad