Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:111121
Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24009 of 2025 Applicant :- Chotelal Alias Pramod Opposite Party :- State of U.P. Counsel for Applicant :- Praveen Kumar Pandey,Yash Talwar Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Praveen Kumar Pandey, learned counsel for the applicant, Sri Anit Kumar Shukla, learned A.G.A. for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.420 of 2024, under Sections 498-A, 304-B, 506, 120B B.N.S. and 3/4 D.P. Act, Police Station Gauribazar, District Deoria, during the pendency of trial.
4. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. The FIR is delayed by about three months and there is no explanation of the said delay caused. The family members of both the parties were present at the time of inquest proceedings and despite the said fact that the deceased had committed suicide, the instant FIR has been instituted after legal consultation belatedly.
5. Learned counsel for the applicant has further stated that the applicant has strong alibi as he was not present at the place of occurrence, rather he was at Hyderabad. There is no criminal history of the applicant. The applicant is languishing in jail since 26.11.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.
6. Learned A.G.A. has vehemently opposed the bail application.
7. 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 fact that the applicant was not present at the alleged date of
incident, 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- Chotelal Alias Pramod, 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.
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.
Order Date :- 11.7.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad