High Court
Case Details
Neutral Citation No. - 2025:AHC:12090 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45211 of 2024 Applicant :- Anil Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Rajnish Kumar,Sanjeev Kumar Mishra Counsel for Opposite Party :- G.A.,Pankaj Kumar Tiwari,Ram Chandra Tripathi Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed by applicant is taken on record.
Legal Reasoning
2. Heard Sri Sanjeev Kumar Mishra, learned counsel for the applicant, Pankaj Kumar Tiwari, learned counsel for the informant and Sri Imran Khan, learned AGA for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 624 of 2024, under Sections 108, 115(2), 352 BNS, Police Station- Shikohabad, District- Firozabad, during pendency of the trial in the court below. 4. FIR of the present case was lodged on 17.10.2024 against applicant and his family members and according to FIR, marriage of the daughter of informant was solemnized with the younger brother of the applicant about nine years before and after marriage, applicant and his family members tortured her as they used to consume some intoxicated items and daughter of the informant opposed them. It is further mentioned in the FIR that on 15.10.2024 applicant and his family members made assault upon her and after that she committed suicide by hanging herself. 5. Learned counsel for the applicant submitted that applicant is jeth of the deceased and on the basis of false allegation, he has been made accused in the present matter. 6. He further submitted that being jeth of the deceased, applicant was not having any concern with the family affairs of the deceased. 7. He further submitted that however, as per allegation, applicant and others used to torture the deceased but from perusal of the FIR and statements of the witnesses recorded during investigation, it reflects that on the basis of vague allegation of torture, applicant has been made accused in the present matter along with husband of the deceased. He further submitted that merely on the basis of such vague allegation of torture, it cannot be said that due to abatement of the applicant, deceased committed suicide. 8. He further submitted that however, apart from the present case, applicant is having criminal history of 10 other cases but his criminal history has been explained in the supplementary affidavit filed in support of the instant bail application and from its perusal, it reflects that majority of the cases were old one and in majority of the cases, during investigation, police implicated him and in all the cases, applicant is on bail. 9. He further submitted that law is settled that if otherwise case of bail is made out then ordinarily merely on the basis of criminal history of an accused, his bail application should not be dismissed. 10. He further submitted that applicant is in jail in the present matter since 18.10.2024. 11. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that applicant is the jeth of the deceased and he also used to torture her along with other family members including husband of the deceased. 12. Learned counsel for the informant further pointed out that applicant any how got executed sale deed of the property from his father in his favour and thereafter when deceased raised objection, then applicant and his family members made assault upon her and thereafter she hanged herself, and therefore, it cannot be said that there is no evidence of abatement against the applicant but both the counsels could not dispute the fact that from perusal of the post- mortem report, it reflects that except the ligature mark, deceased did not sustain any external injury. 13. I have heard learned counsel for the parties and perused the record of the case. 14. However, applicant is the jeth of the deceased and as per allegation, he along with his family members used to torture her and due to their torture, she committed suicide by hanging herself but from perusal of the FIR and statements of the witnesses recorded during investigation, it reflects that only general and omnibus allegation of torture has been levelled against applicant and others and considering this fact, this Court finds merit in the argument advanced by learned counsel for the applicant that on the basis of such vague allegation of torture, it cannot be said that due to abatement of the applicant, deceased committed suicide. 15. Further, however, apart from the present case, applicant is having criminal history of 10 other cases but his criminal history has been explained in the supplementary affidavit filed in support of the instant bail application and it reflects that majority of the cases were old one and in majority of the cases police made him accused and in all the cases, applicant is on bail. 16. Further, contention raised at bar that law is settled that if otherwise case of bail is made out then ordinarily merely on the basis of criminal history of an accused, his bail application should not be dismissed, cannot be ruled out. 17. Further, applicant is in jail in the present matter since 18.10.2024. 18. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 19. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 20. Let the applicant- Anil Kumar 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. 21. 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. 22. 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 :- 23.1.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad