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2025 DAILYLAW 69342 (ALL)

BILLU v. STATE OF U.P.

BAIL/22605/2025 · 2025-07-08

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:108247 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22605 of 2025 Applicant :- Billu Opposite Party :- State of U.P. Counsel for Applicant :- Kuldeep Singh Chahar Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Kuldeep Singh Chahar, learned counsel for the applicant, Sri R.P. Patel, learned State Law Officer for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.41 of 2025, under Sections 85, 80(2), 115(2) B.N.S. and 3/4 D.P. Act, Police Station Jagner, District Agra, during the pendency of trial. 4. As per prosecution story, the marriage of two sisters including the informant was solemnized with two real brothers and the third brother of the applicant Kalua had tried to establish corporeal relationship with the victim on the pretext that her husband was unable to impregnate her and after failing in the said attempt, the matter being reported by the victim to her husband and other family members, she was sent off from the house, as such, she started living separately and subsequently she learnt that her elder sister has been put to be death by all the accused persons including the applicant on 17.03.2025 at about 12:00 p.m. 5. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. The ingredients of Section 80(2) B.N.S. are not fulfilled in the instant case as there is no averment as to what was demanded as dowry. The case of sexual advances has been made against the brother of the applicant Kalua. Even the prosecution story stands falsified from the fact that it is not a case of strangulation, rather it is a case of suicide as the cause of death is asphyxia as a result of ante-mortem hanging. 6. Learned counsel for the applicant has further stated that there is no criminal history of the applicant. There are general and omnibus allegations against all the accused persons. The applicant is languishing in jail since 21.03.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Learned A.G.A. has vehemently opposed the bail application. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the fact 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- Billu, 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. 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 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 :- 9.7.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad