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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30788 of 2025 Court No. - 64 HON'BLE VIVEK VARMA, J.
1. Heard learned counsel for the applicant, Sri N.K. Sharma, learned A.G.A. for the State and perused the record. 2. The present bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 0092 of 2025, under Sections 3(5), 108 B.N.S., Police Station- Sherkot, District- Bijnor during pendency of the trial. 3. Counsel for the applicant submits that the applicant is the father-in-law of the deceased and has been falsely implicated in the present case. As per the postmortem report the cause of death could not be ascertained. Viscera was preserved and was sent for chemical analysis. FSL report is still awaited. It is next contended that as per the allegation in the first information report and material collected during the course of investigation, the necessary ingredients to constitute the offence under Section 108 B.N.S., are not made out against the applicant. The applicant, in no manner, abetted the commission of suicide by the deceased. In support of his submission, counsel for the applicant has place reliance on the judgements of the Hon'ble Supreme Court in the cases of Mahendra Awase vs. The State of Madhya Pradesh (Criminal Appeal No. 221 of 2025) decided on 17.01.2025 and Laxmi Das vs. The State of West Bengal and Ors. (Criminal Appeal No. 706 of 2017) decided on 21.01.2025. Further, identically placed co-accused Mayawati (mother-in-law) has been granted bail by this Court vide order dated 1.9.2025 passed in Criminal Misc. Bail Application No. 24074 of
2025. The applicant claims parity. The applicant does not have any criminal Versus Counsel for Applicant(s) : Pradeep Kumar, Rakesh Kumar Singh Counsel for Opposite Party(s) : G.A. Teekam Singh .....Applicant(s) State of U.P. .....Opposite Party(s)
history. Charge-sheet has been filed. The applicant is in jail since 6.6.2025. In case he is enlarged on bail, he will not misuse the said liberty. 4. Learned A.G.A. has 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 as per the postmortem report the cause of death could not be ascertained. Viscera was preserved and was sent for chemical analysis. FSL report is still awaited.
Further, the necessary ingredients to constitute the offence under Section 108 B.N.S., are not made out against the applicant. Identically placed co-accused Mayawati (mother-in-law) has been granted bail by this Court. The applicant has no criminal antecedents. Further, the applicant has presently remained confined for more than four 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 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. Let the applicant, Teekam Singh involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that: i. the applicant shall not tamper with the prosecution evidence; ii. the applicant shall not pressurize the prosecution witness; iii. the applicant shall appear on each and every date fixed by the trial court. 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 8, 2025 S.S.
BAIL No. 30788 of 2025 2 (Vivek Varma,J.) Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad