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Neutral Citation No. - 2025:AHC:83951 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16124 of 2025 Applicant :- Shikhar Shukla Opposite Party :- State of U.P. Counsel for Applicant :- Girish Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
1. Heard Sri Girish Singh, learned counsel for the applicant and Sri Manav Chaurasia, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 952 of 2024, under Sections 108, 238 B.N.S., Police Station Kotwali Nagar, District Banda during pendency of the trial. 3. Learned counsel for the applicant submits, FIR of the present case was lodged against unknown persons under Section 87 B.N.S. but after recovery of dead body of the daughter of informant 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 he was landlord of the deceased and he abeted the deceased for commission of suicide but except the confessional statement of applicant there is no evidence in this regard on record. 5. He further submits, actually deceased wanted to develop the relationship with the applicant but applicant was married person, therefore, he was not ready for that and if only due to this reason deceased committed suicide then applicant cannot be held responsible for that. 6. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 15.11.2024 i.e. for last more than six months. 7. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. From the record, it reflects, during investigation applicant has been made accused in the present matter and he was landlord of the deceased but except the confessional statement of applicant before the police, there is no cogent evidence against the applicant on record. 10. Further, applicant is not having any criminal history and in the present matter he is in jail since 15.11.2024 i.e. for last more than six months. 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 - Shikhar Shukla 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 :- 19.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad