Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30343 of 2025 Court No. - 64 HON'BLE VIVEK VARMA, J.
1. Heard learned counsel for the applicant and Sri V.P.Tripathi, learned AGA for the State-respondent. 2. The present bail application under Section 483 BNSS has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 95 of 2025, under Sections 107 BNS, Police Station Shivli, District Kanpur Dehat during the pendency of trial. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. According to the postmortem report the cause of death is asphyxia as a result of ante mortem hanging. As per the first information report and the material collected during investigation, the essential ingredients to constitute the offence under Section 107 B.N.S. are not made out. The applicant, in no manner, abetted the commission of suicide by the deceased. Investigation has been completed. Charge sheet has been filed. The applicant is in jail since 21.03.2025 having no criminal history and in case he is enlarged on bail, he will not misuse the said liberty. 4. Learned AGA opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having heard counsel for the parties and having perused the record, this Court prima facie finds that the necessary ingredients to constitute the offence under Section 107 B.N.S. are not made out. The applicant has no criminal antecedents. Further, the applicant has remained confined for more Versus Counsel for Applicant(s) : Akansha Verma, Deepak Kumar Verma Counsel for Opposite Party(s) : G.A. Sanjay .....Applicant(s) State of U.P. .....Opposite Party(s)
than six months and there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6.
6. Let the applicant Sanjay, involved in the aforesaid case 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 the conditions that he: (i) shall appear on the date fixed by the trial court; (ii) shall not tamper with the prosecution evidence; and, (iii) shall not pressurize the prosecution witnesses. 7. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. October 9, 2025 Lbm/- BAIL No. 30343 of 2025 2 (Vivek Varma,J.) Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad