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Neutral Citation No. - 2025:AHC:103436 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21171 of 2025 Applicant :- Chandan Thakur Opposite Party :- State of U.P. Counsel for Applicant :- Indrajeet Kumar Shukla,Kaushal Mishra Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Indrajeet Kumar Shukla, learned counsel for the applicant, Sri Amit Kumar, learned State Law Officer for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.51 of 2025, under Sections 85, 80(2), 118(2) B.N.S. and 3/4 D.P. Act, Police Station Bhanwarkol, District Ghazipur, during the pendency of trial.
4. As per prosecution story, the marriage of the applicant was solemnized with the deceased person as per Hindu Rites in the year 2020 and the applicant and other family members are stated to have subjected her to cruelty for demand of dowry, thereby led her to death on 19.03.2025.
5. Learned counsel for the applicant has stated that the deceased had succumbed to the burn injuries on 20.03.2025 and the inquest proceedings were undertaken on the same day and the informant is panch witness no.1 in the said inquest proceedings and the applicant was also present there and he is also panch witness no.5 in the said inquest proceedings.
6. Learned counsel for the applicant has further stated that there were injuries sustained by the applicant as well as he had sustained five burn injuries. Two were on his chest and three were on his limbs, which indicate that he had tried to save the life of the deceased person who had set herself afire out of depression. It is a clear-cut case of suicide by the deceased person.
7. Learned counsel for the applicant has also stated that there is no dying declaration of the deceased person recorded. There is no
criminal history of the applicant. The applicant is languishing in jail since 23.03.2025 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. Learned State Law Officer has vehemently opposed the bail application.
9. Considering the facts and circumstances of the case,
submissions made by learned counsel for the parties, the evidence on record, taking into consideration the delay in institution of FIR and the facts that the applicant has also sustained five burn injuries on his body and there is no mentioning in the FIR as to what was demanded as dowry, 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.
10. Let the applicant- Chandan Thakur, 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 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 :- 3.7.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad