Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:117023 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19577 of 2025 Applicant :- Munna Lal Opposite Party :- State of U.P. Counsel for Applicant :- Namit Srivastava,Rajesh Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicant, Shri Vijendra Kumar, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Munna Lal, seeking enlargement on bail in Case Crime No. 614 of 2024, under Sections 108 of the Bharatiya Nyaya Sanhita, 2023, Police Station- Civil Lines, District- Budaun. As per the First Information Report, there is allegation that on 31.10.2024, the informant (brother of the deceased) got information by a phone call that her sister has died. The informant along with other family members reached the house of his sister and broke the door of the room which was locked from inside and saw that the deceased was hanging on the fan.
Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 02.01.2025.
Learned counsel for the applicant submits that the FIR has been lodged after delay of 25 days without any plausible explanation of the delay. No specific role has been assigned to the applicant. He next submits that it is a case of suicide as the door of the room in which the deceased committed suicide was locked from inside and as per the post-mortem report, the cause of death is asphyxia due to ante-mortem hanging. There is no any evidence found to corroborate the fact that the victim was being harassed or assaulted as the medical report does not show any injury of assault. The applicant has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for.
Learned AGA has vehemently opposed the prayer for bail. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Munna Lal, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 18.7.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad