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Neutral Citation No. - 2025:AHC:42177 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 862 of 2025 Applicant :- Vijay Kumar Singh Opposite Party :- State of U.P. Counsel for Applicant :- Tripurari Pal Counsel for Opposite Party :- Adesh Kumar,Akhileshwar Pratap Singh,G.A. Hon'ble Sameer Jain,J.
1. Supplementary affidavit filed today on behalf of the applicant is taken on record. 2. Heard Sri Manvendra Singh, learned Advocate holding brief of Sri Tripurari Pal, learned counsel for the applicant, Sri Adesh Kumar, learned counsel for the informant and Sri R.N. Srivastava, learned AGA for the State. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 148 of 2024, under Section 108 B.N.S., Police Station Paraur, District Shahjahanpur during pendency of the trial. 4. Learned counsel for the applicant submits, as per allegation, applicant, who was husband of the deceased was having illicit relationship with number of ladies and due to his bad character, his wife committed suicide but entire allegation leveled against the applicant is totally false and actually his wife i.e. deceased was short tampered lady and on trivial matrimonial issues, she used to create scenes and on the date of incident one such incident arose and in anger she committed suicide but after her death, informant implicated the applicant and his family members in the present matter. 5. He further submits, even from the entire material available on record it cannot be said that due to the abetment of the applicant deceased committed suicide. 6. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 16.10.2024. 7. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that as applicant is man of bad character, therefore, due to his bad character his wife committed suicide, therefore, it cannot be said that there is no evidence of abetment against the applicant on record. 8. I have heard learned counsel for the parties and perused the record of the case. 9.
However, as per allegation as applicant was a man of bad character, therefore, his wife committed suicide but considering the nature of allegation leveled against the applicant, this Court finds merit in the argument advanced by learned counsel for the applicant that it cannot be said that due to the abetment of applicant deceased committed suicide. 10. Further, applicant is not having any criminal history and in the present matter he is in jail since 16.10.2024. 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 - Vijay Kumar 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 :- 21.3.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad