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Neutral Citation No. - 2025:AHC:83343 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17034 of 2025 Applicant :- Bachhi Alias Bachhi Lal Opposite Party :- State of U.P. Counsel for Applicant :- Saket Jaiswal Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Saket Jaiswal, learned counsel for the applicant and Sri Sunil Kumar, learned A.G.A. for the State and perused the record.
3. Applicant seeks bail in Case Crime No. 70 of 2025, under Sections 85, 80(2) of BNS and Sections 3/4 of D.P. Act, Police Station Maudaha, District Hamirpur, during the pendency of trial.
4. As per prosecution story, marriage of son of the applicant was solemnized with the deceased as per Hindu rites in the year 2022 and the applicant and other family members are stated to have subjected her to cruelty for demand of dowry of Rs.1 lac and a motorcycle. The victim is stated to have committed suicide by hanging herself and the cause of death was found to be asphyxia as a result of ante mortem hanging.
5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. The allegations are per se false. The FIR itself is delayed by two days and there is no explanation of the said delay caused. The applicant is the father-in-law of the deceased and he has been falsely implicated in the present case.
6. It is a clear cut case of false implication as the informant was present at the time of inquest proceeding of the victim undertaken on 25.02.2025 itself and the informant is the witness no.4 to the said inquest proceeding.
7. There is no criminal history of the applicant. The applicant is
languishing in jail since 05.03.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.
8. Per contra, learned AGA has vehemently opposed the bail application but unable to dispute the submissions raised by the
learned counsel for the applicant and also the fact that the applicant has no criminal history.
9. Considering the facts and circumstances of the case,
submissions made by learned counsel for the parties and taking into consideration the delay in FIR and considering the fact that the informant was present at the time of inquest proceeding, I find it a fit case to release the applicant on bail. The bail application is allowed.
10. Let the applicant- Bachhi Alias Bachhi Lal, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. i) The applicant shall not tamper with the evidence during trial. ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. iii) The applicant shall appear before the trial court on the date fixed.
11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
12. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
Order Date :- 19.5.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad