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Neutral Citation No. - 2025:AHC:115575 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24493 of 2025 Applicant :- Saurabh Chaurasia Opposite Party :- State of U.P. Counsel for Applicant :- Ram Krishna Chaurasia Counsel for Opposite Party :- G.A.,Nand Kishor Mishra,Pawan Kumar Tripathi Hon'ble Krishan Pahal,J.
1. List has been revised. 2. Heard Sri Ram Krishna Chaurasia, learned counsel for the applicant, Sri Pawan Kumar Tripathi, learned counsel for the informant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.45 of 2025, under Sections 85, 80(2) B.N.S. and 3/4 D.P. Act, Police Station Kotwali Nagar, District Banda, during the pendency of trial. 4. As per prosecution story, the marriage of the applicant was solemnized with the deceased person as per Hindu Rites on
09.12.2022. The applicant and other family members are stated to have subjected her to cruelty for demand of dowry of Rs.3 lakhs and a motorcycle, thereby led her to death on 11.01.2025 at about 3:00 p.m.
5. Learned counsel for the applicant has stated that the deceased has expired within the precincts of her maternal home as she was estranged from the applicant and was living there, as such, it is a clear-cut case of false implication. There is no instigation or abetment by the applicant for the deceased to commit suicide. The deceased had cut her wrist to commit suicide and had also consumed aluminum phosphide. 6. Learned counsel for the applicant has placed much reliance on an application given at the police station on 04.01.2025 regarding threats being given by the deceased to the applicant to commit suicide and get him implicated. The informant was present at the time of inquest proceedings as it was natural for him to be there and even the applicant was present at the time of said inquest proceedings, which is but evident from the inquest report as informant is panch witness no.1 and applicant is panch witness no.4 in the inquest proceedings. 7. Learned counsel for the applicant has also stated that the said
inquest proceedings were complete on 12.01.2025 at 2:40 p.m. and the FIR was instituted three days after the inquest report and it is delayed by four days from the date of occurrence. There is no criminal history of the applicant.
The applicant is languishing in jail since 25.02.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Learned counsel for the informant and learned A.G.A. have vehemently opposed the bail application on the ground that on the date of occurrence the applicant had called the deceased and had threatened her, as such, led her to commit suicide and is not entitled for bail. 9. 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 deceased has expired within the precincts of her maternal home coupled with the fact that the informant and applicant were panch witness nos.1 and 4 respectively in the inquest proceedings, 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.
10. Let the applicant- Saurabh Chaurasia, 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.
11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
12. 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 :- 17.7.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad