Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:87531 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17573 of 2025 Applicant :- Bheesham Singh Opposite Party :- State of U.P. Counsel for Applicant :- Krishna Pratap Yadav Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
1. Heard Sri Krishna Pratap Yadav, learned counsel for the applicant and Sri Shatrughna Yadav, learned AGA for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 63 of 2025, under Sections 103(1), 238, 212 BNS, Police Station- Kaila Devi, District- Sambhal, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that as per allegation, applicant was the uncle of the husband of the deceased and he along with husband of the deceased committed her murder but entire allegation levelled against the applicant is totally false. 4. He further submitted that except the confessional statement of the applicant and statement of co-accused i.e. husband of the deceased, there is no other evidence against him on record. 5. He further submitted that even applicant did not reside along with co-accused Rookam Singh i.e. husband of the deceased and he resided separately and even dead body of the deceased was not found in her matrimonial home and it was found from a field. He further submitted that it appears, only being uncle of husband of the deceased, applicant has been roped in the present matter without any cogent and admissible evidence. 6. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 13.04.2025. 7. Per contra, learned AGA however, 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. However, as per allegation, applicant, who is uncle of the husband of the deceased, along with her husband committed her murder but it appears, except the confessional statement of the applicant and statement of co-accused, there is no other evidence against the applicant on record. 10. Further, applicant is not having any criminal history and he is in jail in the present matter since 13.04.2025. 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- Bheesham Singh 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 :- 22.5.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad