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2025 DAILYLAW 49513 (ALL)

RAJEEV v. STATE OF U.P.

BAIL/14747/2025 · 2025-05-08

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:75675 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14747 of 2025 Applicant :- Rajeev Opposite Party :- State of U.P. Counsel for Applicant :- Mayank Yadav,Vivek Kumar Singh Counsel for Opposite Party :- G.A.,Sadaful Islam Jafri Hon'ble Sameer Jain,J. 1. Heard Sri Vivek Kumar Singh, learned counsel for the applicant, Sri S.I. Jafri, learned counsel for the informant and Sri Vijay Bahadur Maurya, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 25 of 2025, under Sections 87, 108 B.N.S., Police Station Ramala, District Baghpat during pendency of the trial. 3. Learned counsel for the applicant submits, initially FIR of the present case was lodged under Section 87 B.N.S. against co- accused Ansar on the basis of suspicion but subsequently when the dead body of the deceased was found and it was found that she committed suicide then case was converted under Section 108 B.N.S. 4. He further submits, during investigation applicant has been made accused in the present matter on the ground that deceased had gone along with him and applicant wanted to forcibly marry with her and due to his abetment she committed suicide but entire allegation leveled against the applicant is totally false. 5. He further submits, except the bald allegation of abetment there is no cogent evidence in this regard on record against the applicant. 6. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 23.02.2025. 7. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that due to the abetment of the applicant deceased committed suicide but they fairly conceded there is no cogent evidence of abetment against the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, as per prosecution due to the abetment of applicant deceased committed suicide but from the material available on record it reflects, there is no cogent evidence of abetment against the applicant on record. 10. Further, applicant is not having any criminal history and in the present matter he is in jail since 23.02.2025. 11. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicant - Rajeev 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. 14. 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. 15. 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 :- 9.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad