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2025 DAILYLAW 8728 (ALL)

MANTU v. STATE OF U.P.

BAIL/1992/2025 · 2025-02-23

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:26341 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1992 of 2025 Applicant :- Mantu Opposite Party :- State of U.P. Counsel for Applicant :- Rahul Kumar,Santosh Tripathi Counsel for Opposite Party :- G.A.,Nanhe Lal Tripathi Hon'ble Sameer Jain,J. 1. Heard Sri Rahul Kumar, learned counsel for the applicant, Sri Nanhe Lal Tripathi, 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. 96 of 2024, under Sections 498A, 304B, 201 IPC and Section 3/4 D.P. Act, Police Station Khesraha, District Siddharth Nagar during pendency of the trial. 3. Learned counsel for the applicant submits, applicant is Devar of the deceased and on the basis of false allegation, he has been made accused in the present matter along with his father and brother i.e. father-in-law and husband of the deceased and after considering the entire facts of the case, bail application of co-accused Ramji i.e. father-in-law of the deceased has been allowed by this Court, which has been annexed at page-65 of the paper-book and on facts case of applicant is even at better footing than him. 4. He further submits, there is no specific allegation against the applicant and applicant is not having any criminal history and in the present matter he is in jail since 08.07.2024 i.e. for last more than seven months. 5. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 6. I have heard learned counsel for the parties and perused the record of the case. 7. Considering the argument advanced by learned counsel for the applicant and the fact that applicant is Devar of the deceased and there is no specific allegation against him and father-in-law of the deceased has already been released on bail by this Court and on facts case of applicant is even on better footing than him and he is not having any criminal history, in my view, applicant is entitled to be released on bail. 8. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 9. Let the applicant - Mantu 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. 10. 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. 11. 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 :- 24.2.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad