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2025 DAILYLAW 52580 (ALL)

HARISHCHANDRA v. STATE OF U.P.

BAIL/15197/2025 · 2025-05-21

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:86812 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15197 of 2025 Applicant :- Harishchandra Opposite Party :- State of U.P. Counsel for Applicant :- Harish Chandra Mishra Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Harish Chandra Mishra, learned counsel for the applicant and Sri Jhamman Ram, learned AGA-I for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 17 of 2025, under Sections 107 B.N.S., Police Station Lahchura, District Jhansi during pendency of the trial. 3. Learned counsel for the applicant submits, as per allegation, due to abetment of the applicant deceased committed suicide but entire allegation leveled against the applicant is totally false. 4. He further submits, even if the allegations are accepted although same were totally false then also it cannot be said that due to the abetment of the applicant deceased committed suicide. 5. He further submits, actually relationship of the applicant with informant side was not cordial and earlier also on the basis of false allegation a FIR was lodged by the informant and only due to this reason when his daughter committed suicide then he roped the applicant in the present matter. 6. He further submits, from the record it reflects, deceased committed suicide on 31.01.2025 but FIR was lodged on 07.02.2025 i.e. after seven days and before lodgement of the FIR, informant himself gave an application to the police, which has been annexed at page-24 to the paper-book and in this application he did not even disclose the name of applicant and this fact again cast doubt on the prosecution story narrated by the informant in the FIR. 7. He further submits, apart from the present case and earlier case which was lodged by the informant, applicant is not having any criminal history and in the present matter he is in jail since 20.03.2025. 8. Per contra, learned AGA 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, as per allegation applicant used to threatened the deceased for marriage with him, therefore, she committed suicide but it reflects, there is delay of seven days in the FIR of the present case. 11. Further, before FIR informant himself gave an application to the police with regard to suicide committed by his daughter but in this application he did not make any allegation against the applicant. 12. Further, apart from the present case and earlier case lodged by the informant against the applicant there is no other criminal history of the applicant on record. 13. Further, in the present matter applicant is in jail since 20.03.2025. 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 - Harishchandra 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 :- 22.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad