Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:103464
Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19892 of 2025 Applicant :- Pancham Sahu And Another Opposite Party :- State of U.P. Counsel for Applicant :- Raj Kumar Singh,Sanjay Vikram Singh Counsel for Opposite Party :- G.A.,Satish Kumar Mishra,Virendra Kumar Shukla Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Sanjay Vikram Singh, learned counsel for the applicants, Sri Virendra Kumar Shukla, learned counsel for the informant as well as Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record.
3. Applicants seek bail in Case Crime No. 116 of 2025, under Sections 80(2), 85 B.N.S. and 3/4 D.P. Act, Police Station- Machhalisahar, District- Jaunpur, during the pendency of trial.
4. Learned counsel for the applicants has argued that the applicants are absolutely innocent and have been falsely implicated in the present case. They have nothing to do with the said offence. There are general and omnibus allegations against all the accused persons. The applicant no.1 is the father-in-law and applicant no.2 is the mother-in-law of the deceased person. The applicant no.1 is a chronic heart patient and is 50% handicapped.
5. It is further argued by learned counsel for the applicants that the cause of death has been found to be asphyxia as a result of antemortem hanging. There is no criminal antecedent of the applicants. The applicants are languishing in jail since 30.4.2025 and they are ready to cooperate with trial. In case, the applicants are released on bail, they will not misuse the liberty of bail.
6. Learned A.G.A. has vehemently opposed the bail application.
7. The Supreme Court in Kahkashan Kausar @ Sonam vs The State of Bihar, reported in 2022 (6) SCC 599 has categorically
stated that the Courts should be careful in proceeding against the distant relatives in crimes pertaining to matrimonial disputes and dowry deaths. The relatives of the husband should not be roped in on the basis of omnibus allegations unless specific instances of their involvement in the crime are made out.
8. Considering the facts and circumstances of the case,
submissions made by learned counsel for the parties, the evidence on record, taking into consideration that there are general and omnibus allegations against all the accused persons, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
9. Let the applicant- Pancham Sahu and Sushila Devi, who are involved in aforementioned case crime be released on bail on their 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 applicants shall not tamper with evidence during trial. (ii) The applicants shall not pressurize/intimidate the prosecution witnesses. (iii) The applicants shall appear before the trial court on the date fixed.
10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
11. It is made clear that observations made in granting bail to the applicants shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
Order Date :- 3.7.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad