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2025 DAILYLAW 8034 (ALL)

DEVENDRA CHAUDHARY v. STATE OF U.P.

BAIL/1543/2025 · 2025-02-26

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:27194 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1543 of 2025 Applicant :- Devendra Chaudhary Opposite Party :- State of U.P. Counsel for Applicant :- Amit Kumar Counsel for Opposite Party :- Abhishek Narayan Pandey,Awadh Sharma,Baidya Nath Pratap,G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Amit Kumar Chaudhary, learned counsel for the applicant, Sri Mukul Yadav, learned Advocate holding brief of Sri Abhishek Narayan Pandey, learned counsel for the informant and Sri Imran Khan, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.667 of 2024, under Sections 85, 115(2), 352, 351(2), 80 B.N.S. and Section 3/4 D.P. Act, Police Station Kavi Nagar, District Ghaziabad during pendency of the trial. 3. Learned counsel for the applicant submits, applicant is father-in- law of the deceased and on the basis of false allegation of torture and demand of dowry he has been made accused in the present matter along with his wife and son i.e. mother-in-law and husband of the deceased and after considering the entire facts of the case, mother-in-law of the deceased namely Smt. Beena Chaudhary has been released on bail by this Court and on facts case of applicant is at par with her. 4. He further submits, however, apart from the present case applicant is having criminal history of four other cases but his criminal history has been explained in the instant bail application and all the cases relate to minor offences. 5. He further submits, in the present matter applicant is in jail since 31.07.2024 i.e. for last almost seven months. 6. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail but could not dispute the fact that applicant is father-in-law of the deceased and bail application of mother-in-law of the deceased has already been allowed by this Court and there is no specific allegation against the applicant and on facts case of applicant is at par with her. 7. I have heard learned counsel for the parties and perused the record of the case. 8. Considering the argument advanced by learned counsel for the applicant and the fact that applicant is father-in-law of the deceased and there is no specific allegation against him and deceased died due to hanging and mother-in-law of the deceased has already been released on bail and his criminal history of four cases has been explained in the instant bail application and in the present matter applicant is in jail since 31.07.2024 i.e. for last almost seven months, in my view, applicant is entitled to be released on bail. 9. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 10. Let the applicant - Devendra Chaudhary be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 11. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 12. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 27.2.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad