Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 28771 of 2025 Court No. - 65 HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Sudhir Kumar Agarwal, learned counsel for the applicant, Sri V.K.S. Paramr, learned A.G.A. for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.125 of 2024, under Sections 498- A, 323, 504, 506, 304-B I.P.C. and 3/4 D.P. Act, Police Station Bhitauli, District Maharajganj, 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 two days and there is no explanation of the said delay caused. The dead body of the deceased was retrieved after breaking up the door of room of deceased. The child born to the deceased had expired, as such, she had committed suicide out of depression.
5. Learned counsel for the applicant has further stated that the cause of death was asphyxia as a result of ante-mortem hanging. There is no criminal history of the applicant. The applicant is languishing in jail since 13.06.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.
6. Learned A.G.A. has vehemently opposed the bail application but could not dispute the submissions made by the counsel for the applicant. Versus Counsel for Applicant(s) : Mani Ram Verma, Sudhir Kumar Agarwal Counsel for Opposite Party(s) : G.A. Sandeep Chauhan .....Applicant(s) State of U.P. .....Opposite Party(s)
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 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- Sandeep Chauhan, 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. September 1, 2025 (Ravi Kant) BAIL No. 28771 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad