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2025 DAILYLAW 68937 (ALL)

MAN SINGH AND ANOTHER v. STATE OF U.P.

BAIL/23509/2025 · 2025-07-16

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:115700 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23509 of 2025 Applicant :- Man Singh And Another Opposite Party :- State of U.P. Counsel for Applicant :- Lalit Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Lalit Kumar Shukla, learned counsel for the applicants and Sri Amit Kumar, learned State Law Officer and perused the record. 3. Applicants seek bail in Case Crime No. 148 of 2025, under Sections 80, 85, 115(2) of BNS and Section 3/4 of D.P. Act, Police Station Highway, District Mathura, 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 as alleged in the FIR. The FIR is delayed by about two days and there is no explanation of the said delay caused. 5. Learned counsel has also stated that family members of the deceased person were present at the time of inquest proceedings conducted on 20.02.2025 itself. The FIR was instituted on 22.02.2025. The cause of death has been found to be asphyxia as a result of ante mortem hanging, although two small injuries have been observed on the neck and shoulder of the deceased person but the allegations are per se false. The applicants are the father-in-law and mother-in-law of the deceased person. 6. There is no criminal history of the applicants. The applicants are languishing in jail since 29.03.2025 and they are ready to cooperate with trial. In case, the applicants are released on bail, they shall not misuse the liberty of bail. 7. Per contra, learned State Law Officer has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicants and also the fact that the applicants have no criminal history. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and taking into consideration the delay in institution of the FIR and family members of the deceased person being present at the time of inquest proceedings and there being general and omnibus allegations against all the accused persons, I find it a fit case to release the applicant on bail. The bail application is allowed. 9. Let the applicant- Man Singh and Smt. Guddi, 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 the evidence during trial. ii) The applicants shall not pressurise/intimidate with 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 :- 17.7.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad