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2025 DAILYLAW 49304 (ALL)

SACHIN v. STATE OF U.P.

BAIL/14151/2025 · 2025-05-26

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:89733 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14151 of 2025 Applicant :- Sachin Opposite Party :- State of U.P. Counsel for Applicant :- Nisha Chouhan,Shailendra Singh Rathore Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Shailendra Singh Rathore, 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.270 of 2024, under Section 108 BNS, Police Station Nawabganj, District Farrukhabad during pendency of the trial. 3. Learned counsel for the applicant submits that applicant is named in the FIR along with others and as per allegation made in the FIR applicant and another accused committed the murder of the daughter of the informant aged about 13 years but during investigation when it was found that actually deceased committed suicide then case was converted under Section 108 BNS. 4. He further submits that however, as per allegation applicant used to talk the deceased and harassed her, therefore, she committed suicide but entire allegation levelled against the applicant is totally false. 5. He further submits that even if allegations are accepted then also it cannot be said that due to abetment of the applicant, deceased committed suicide. 6. He further submits that actually applicant and deceased were having friendship but informant did not like their relationship and he used to torture the deceased and due to torture of his family members she committed suicide. 7. He further submits that applicant is not having any previous criminal history and in the present matter he is in jail since 28.12.2024, i.e., for almost five months. 8. 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. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, as per allegation due to abetment of the applicant deceased, who was aged about 14 years old girl committed suicide but considering the entire allegation levelled against the applicant and material available on record, this Court finds merit in the argument advanced by the learned counsel for the applicant that there is no cogent evidence of abetment against the applicant on record.. 11. Further, applicant is not having any previous criminal history and in the present matter he is in jail since 28.12.2024, i.e., for almost five 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-Sachin 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