Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 94472 (ALL)

HARI PRASAD ALIAS HARI v. STATE OF U.P.

BAIL/31061/2025 · 2025-09-17

Sanjay Kumar Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31061 of 2025 Court No. - 65 HON'BLE SANJAY KUMAR SINGH, J. Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and learned counsel appearing on behalf of the first informant / complainant. By means of this bail application, applicant Hari Prasad Alias Hari, who is involved in Case Crime No. 55 of 2025, under Sections 108, 324(2) BNS, 2023, police station Asothar, district Fatehpur, seeks enlargement on bail during the pendency of trial. As per prosecution case, in brief, complainant, who is mother of the deceased, got an F.I.R. lodged on 09.04.2025 against Khushbu, Maya Devi and Hari (applicant), who are wife, mother-in-law and father-in-law of the deceased, respectively, stating inter alia that marriage of his son Jugendra (deceased) was solemnized with Khushbu on 15.05.2023 but after marriage, accused persons were mounting pressure upon him to live separately in Fatehpur City, due to which he was mentally upset. On 05.04.2025, when he went to his in-law's house in his Bolero car to pick up his wife, he was badly beaten and his mobile as well as vehicle was also damaged whereby he was very much depressed and went into shock. On account of said incident, on 08.04.2025, he committed suicide by consuming poison. It is argued by learned counsel for the applicant that the incident has Versus Counsel for Applicant(s) : Amit Kumar Tiwari, Harsh Vijay, Yusuf Ali Counsel for Opposite Party(s) : G.A., Manvendra Singh Hari Prasad Alias Hari .....Applicant(s) State of U.P. .....Opposite Party(s) not taken place in the manner as alleged by the prosecution. No external injury was found on the body of the deceased hence the allegation of assault by the accused persons to the deceased on 05.04.2025 is not corroborated from any medical evidence. There is no evidence of abetment or instigation on the part of the applicant as well as other co-accused for committing suicide by the deceased. The applicant is father-in-law of the deceased, who has been falsely implicated. Hence, the applicant, who does not have any criminal history to his credit and is languishing in jail since 07.07.2025, may be enlarged on bail. Per contra, learned A.G.A. for the State as well as learned counsel for the informant opposed the prayer for bail of the applicant reiterating the prosecution case as mentioned in the F.I.R. but they do not dispute that no external injury was found on the body of the deceased. Having heard learned counsel for the parties and examined the matter in its entirety, I find that it is a case of suicide by the deceased. Prima facie, basic ingredients to constitute an offence of abetment or instigation of suicide under Section 108 BNS, 2023 are lacking in this case. Considering the facts and circumstances of the case as well as keeping in view the nature of the offence, evidence, complicity of the accused and submissions of the learned counsel for the parties, this Court is of the opinion that the applicant has made out a case for bail. Hence, the bail application is hereby allowed. Let the applicant Hari Prasad Alias Hari be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions, which are being imposed in the interest of justice:- (i) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable. BAIL No. 31061 of 2025 2 (ii) That the applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence. (iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail. September 18, 2025 Shubham BAIL No. 31061 of 2025 3 (Sanjay Kumar Singh,J.) Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad