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Neutral Citation No. - 2025:AHC:136308 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22642 of 2025 Applicant :- Mohar Singh Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Arvind Singh Parmar,Virendra Singh Parmar Counsel for Opposite Party :- G.A.,Vaibhav Gupta Hon'ble Ashutosh Srivastava,J. Heard Shri Arvind Singh Parmar, learned counsel for the applicant, Shri Vaibhav Gupta, learned counsel for the first informant and Shri Ajai Singh, learned A.G.A. for the State and perused the record. The present bail application has been filed by the applicant Mohar Singh Yadav, with a prayer to enlarge him on bail in Case Crime No. 57 of 2025, under Sections 108, 351 (3) B.N.S., Police Station- Ajnar, District-Mahoba, during pendency of trial.
Learned counsel for the applicant submits that the applicant is innocent. He has been falsely implicated in the present case and is languishing in jail since 02.04.2025. Learned counsel for the first informant submits that First Information Report was lodged on 17.03.2025 with the allegation that on 09.02.2025 when the wife of the first informant had gone to cut fodder for the cattle the applicant misbehaved and tried to molest her and when the villagers tried to save her the applicant fled away from the place of incident and in depression of the said incident the deceased namely Rekha engulfed poison and died. Learned counsel for the applicant submits that the First information report is delayed by one month without any plausible explanation. He further submits that there is no direct or indirect evidence against the applicant for abatement or instigation to commit suicide by the deceased. Applicant has no criminal antecedents and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail; hence, bail has been prayed for.
Per contra, learned A.G.A. as well as learned counsel for the first informant vehemently opposed the prayer for bail but could not dispute the fact that the applicant has no criminal antecedents. Considering the nature of the offence, material/evidence brought on record, complicity of the accused, severity of punishment, the
submissions made by the learned counsel for the parties, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. Let the applicant-Mohar Singh Yadav, involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 12.8.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad