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Neutral Citation No. - 2025:AHC:114040 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1665 of 2025 Applicant :- Ramesh Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
1. List has been revised. Supplementary affidavit filed today by the
learned counsel for the applicant is taken on record.
2. Heard Sri Rajesh Kumar Singh, learned counsel for the applicant and Sri Arun Kumar Mishra, learned A.G.A. for the State and also perused the material placed on record.
3. Applicant seeks bail in Case Crime No. 150 of 2023, under Sections 498-A & 304-B of IPC and Sections 3/4 of Dowry Prohibition Act, Police Station - Girwan, District - Banda, during the pendency of trial.
4. Learned counsel for the applicant has argued that the applicant is innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. The FIR is delayed by more than three months and there is no explanation of the said delay caused.
5. Learned counsel has also stated that the son of the informant was present at the time of inquest proceedings and at that time, he has not whispered a single word against the applicant, as such, it is a clear cut case of false implication. The cause of death of deceased has been found to be asphyxia as a result of ante-mortem hanging.
6. Learned counsel has also stated that criminal history of three cases assigned to the applicant stands explained in the supplementary affidavit filed today in court.
7. Learned counsel has next contended that the applicant is languishing in jail since 05.08.2023. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall
cooperate with trial.
8. Per contra, learned AGA has vehemently opposed the bail application but unable to dispute the submissions raised by the
learned counsel for the applicant and also the fact that the applicant has no criminal history.
9. In the case of Prabhakar Tewari Vs. State of U.P. and another, (2020) 11 SCC 648, the Supreme Court has observed that pendency of several criminal cases against an accused by itself cannot be a basis for refusal of bail.
10. Considering the facts and circumstances of the case,
submissions made by learned counsel for the parties, delay of three months in lodging the FIR and also there being general and omnibus allegations against the applicant coupled by the fact that the cause of death of deceased has been found to be asphyxia as a result of ante-mortem hanging, I find it a fit case to release the applicant on bail. The bail application is allowed.
11. Let the applicant- Ramesh, 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 will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will appear before the trial court on the date fixed.
12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
13. 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:- 15.7.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad