Sanjay Patel Vs State of U.P.

Neutral Citation No. - 2025:AHC:76093

Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13722 of 2025

Applicant :- Sanjay Patel Opposite Party :- State of U.P. Counsel for Applicant :- Mahesh Dwivedi,Ravi Kant Pathak,Vishwas Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Mahesh Dwivedi, learned counsel for the applicant and Dr. S. B. Maurya, learned AGA-I for the State-respondent.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 27 of 2023, under Section 306 IPC, Police Station Phoolpur, District Gomti Commissionerate Varanasi, during pendency of the trial in the court below.

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Learned counsel for the applicant submitted that however, applicant is husband of the deceased and as per allegation he badly beaten her wife and due to this reason, she committed suicide but entire allegation levelled against the applicant is totally false.

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He further submitted that actually applicant is poor labour and due to his poor financial condition, deceased remained under depression and very often due to this reason dispute arose between husband and wife and due to this reason, she committed suicide by hanging herself.

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He further submitted that apart from the ligature mark, deceased sustained three injuries but all the injuries are minor abrasions and contusions and it appears, when she was committing suicide by hanging herself then she sustained these injuries.

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He further submitted that applicant is having no criminal history and he is in jail in the present matter since 27.1.2023 i.e. for last almost two and half years.

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Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant.

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I have heard learned counsel for the parties and perused the record of the case.

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However, as per allegation applicant is husband of the deceased and due to his torture, deceased committed suicide but argument advanced by learned counsel for the applicant with regard to the suicide committed by his wife cannot be ruled out, at this stage.

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Further, applicant is having no criminal history and he is in jail in the present matter since 27.1.2023 i.e. for last almost two and half years.

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Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed .

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Let the applicant- Sanjay Patel, 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:-

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(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(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.

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(iii) The applicant shall not indulge in any criminal and anti-social activity.

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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.

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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.

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Order Date :- 9.5.2025

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Ankita

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Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad

Sanjay Patel v. State of U.P.

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