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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 21823 of 2025 Court No. - 65 HON'BLE KRISHAN PAHAL, J.
1. List has been revised. 2. Heard Sri Ram Bilas Yadav, learned counsel for the applicant, Sri Akash Mishra, learned counsel for the informant as well as Sri Yogesh Mishra, learned State Law Officer for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 34 of 2025, under Sections 80(2), 85 B.N.S. and 3/4 D.P. Act, Police Station- Usrahar, District- Etawah, during the pendency of trial. 4. 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. The applicant is the father-in- law of the deceased person. The mother-in-law of the deceased person, Smt. Shitla Devi has already been granted anticipatory bail by the Co- ordinate Bench of this Court vide order dated 1.8.2025 passed in Criminal Misc. Anticipatory Bail Application U/s 482 BNSS No.6121 of 2025. The case of the applicant is at better footing to the said co-accused person. 5. Learned counsel for the applicant has further stated that the applicant lives separately to the husband-wife duo. There are general and omnibus allegations against all the accused persons. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 27.5.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. Versus Counsel for Applicant(s) : Ashutosh Kumar Tiwari, Ram Bilas Yadav Counsel for Opposite Party(s) : Akash Mishra, G.A. Brajraj Singh Yadav .....Applicant(s) State of U.P. .....Opposite Party(s)
6. Per contra, learned counsel for the informant and learned State Law Officer have vehemently opposed the bail application on the ground that the said document of separate living has been prepared after filing of present bail application. Even the co-accused person Smt. Shitla Devi has been granted anticipatory bail till submission of final report (charge- sheet) after conclusion of investigation. 7.
Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration that applicant is the father-in-law of the deceased person and the fact that mother-in-law of the deceased person has already been granted anticipatory bail by this Court and there being 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. 8. Let the applicant- Brajraj Singh Yadav, 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 pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. 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. September 8, 2025 Vikas Verma BAIL No. 21823 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad