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2025 DAILYLAW 48759 (ALL)

RAJESH YADAV v. STATE OF U.P.

BAIL/13859/2025 · 2025-05-11

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:77425 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13859 of 2025 Applicant :- Rajesh Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Rudra Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed by applicant is taken on record. 2. Heard Sri Rudra Pratap Singh, learned counsel for the applicant and Sri Vijay Bahadur Maurya, learned AGA for the State- respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 42 of 2024, under Section 108 BNS, Police Station- Hathinala, District- Sonbhadra, during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that however, applicant is husband of the deceased and as per allegation, due to his abatement his wife committed suicide but entire allegation levelled against the applicant is totally false. 5. He further submitted that even from the FIR, it reflects, it is based on vague allegation of torture. He further submitted that actually some matrimonial dispute arose between husband and wife with regard to children and thereafter deceased committed suicide, therefore, it cannot be said that due to abatement of applicant, she committed suicide. 6. He further submitted that however, apart form the present case, applicant is having criminal history of one another case but his criminal history has been explained in the instant bail application. 7. He further submitted that applicant is in jail in the present matter since 13.01.2025. 8. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, applicant is husband of the deceased and as per allegation, due to his abatement his wife committed suicide but this Court finds merit in the argument advanced by learned counsel for the applicant that FIR of the present case is based on vague allegation. 11. Further, considering the material available on record, the argument advanced by learned counsel for the applicant with regard to suicide committed by the deceased, cannot be completely ruled out at this stage. 12. Further, however, apart form the present case, applicant is having criminal history of one another case but his criminal history has been explained in the instant bail application. 13. Further, applicant is in jail in the present matter since 13.01.2025. 14. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 15. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 16. Let the applicant- Rajesh Yadav 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. 17. 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. 18. 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 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad