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2025 DAILYLAW 58494 (ALL)

KESHAV @ KABIR v. STATE OF U.P.

BAIL/16634/2025 · 2025-05-27

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:90883 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16634 of 2025 Applicant :- Keshav @ Kabir Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Kumar Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Sanjay Kumar, learned counsel for the applicant and Sri Shatrughan Yadav, 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.76 of 2025, under Section 107 BNS, Police Station Maudaha, District Hamirpur during pendency of the trial. 3. Learned counsel for the applicant submits that however, as per allegation applicant used to torture the daughter of the informant and due to his abetment she committed suicide but entire allegation levelled against the applicant is totally false. 4. He further submits that actually applicant and deceased both were having friendship but informant side did not like their relationship and informant and his family members used to scold the deceased and only due to their bad behaviour she committed suicide. 5. He further submits that applicant and deceased were having love affair, is even evident from the FIR itself. 6. He further submits that applicant is not having any previous criminal history and in the present matter he is in jail since 24.3.2025. 7. Per contra, learned AGA although opposed the prayer for bail but could not dispute the argument on facts advanced by the learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. Considering the argument advanced by the learned counsel for the applicant and nature of allegation levelled against the applicant and the fact that applicant is not having any previous criminal history and in the present matter he is in jail in since March, 2025, in my view, applicant is entitled to be released on bail. 10. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 11. Let the applicant-Keshav @ Kabir 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. 12. 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. 13. 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 :- 28.5.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad