Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:75084 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14625 of 2025 Applicant :- Lalu Prasad Chauhan Opposite Party :- State of U.P. Counsel for Applicant :- M.S. Chauhan,Shivkumari Chauhan Counsel for Opposite Party :- G.A.,Ramesh Kumar Chaurasia Hon'ble Sameer Jain,J.
1. Heard Sri M.S. Chauhan, learned counsel for the applicant; Sri Ramesh Kumar Chaurasia, learned counsel for the informant and Sri Jhamman Ram, learned AGA-I for the State-respondent.
2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 92 of 2025, under Sections 108 BNS, Police Station Nagra, District Ballia, during pendency of the trial in the court below.
3. Learned counsel for the applicant submitted that FIR of the present case was lodged under sections 103 and 238 BNS but during investigation when it was found that actually deceased committed suicide then case was converted under section 108 BNS.
4. He further submitted that applicant was not named in the FIR and during investigation he has been made accused on the basis of CDR and according to the prosecution, deceased was having love affair with co-accused Gulab and co-accused Gulab did not make conversation with her and on her request applicant through video conferencing made her conversation with the co-accused Gulab and thereafter she committed suicide.
5. He further submitted that merely on the basis of above fact, it cannot be said that due to the abetement of the applicant, deceased committed suicide.
6. He further submitted that there is absolutely no evidence of abetement against the applicant.
7. He further submitted that applicant is having no criminal history and he is in jail in the present matter since 29.3.2025.
8. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail but could not dispute the
arguments 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. Considering the arguments advanced by learned counsel for the applicant and nature of allegations levelled against the applicant and the fact that applicant is not having any criminal history and in the present matter, he is in jail 29.3.2025, in my view, applicant is entitled to be released on bail.
11. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.
12. Let the applicant-Lalu Prasad Chauhan, 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.
13. 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.
14. 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 :- 8.5.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad